The Deed Of Gift Form For Property is a crucial document in Swiss property law, used when an owner wishes to transfer real estate to another party without receiving payment. This document is particularly relevant in family wealth transfers, estate planning, and charitable donations. It must comply with strict Swiss legal requirements, including mandatory notarization and registration in the land register (Grundbuch). The deed contains essential information about the property, parties involved, and any conditions attached to the gift. It's commonly used in inheritance planning, family arrangements, or charitable giving, and must address Swiss federal and cantonal requirements for property transfer, including tax implications and registration procedures. The document's format and content are governed by Swiss Civil Code provisions, making it a formal legal instrument that permanently transfers property rights.
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1. Parties: Identification of the Donor (giftor) and Donee (recipient), including full legal names, addresses, and any relevant identification numbers
2. Background: Context of the gift, relationship between parties, and donor's ownership confirmation
3. Definitions: Key terms used in the deed, including Property, Transfer Date, and any specific Swiss legal terms
4. Property Details: Comprehensive description of the property being gifted, including land register details and property identification numbers
5. Declaration of Gift: Clear statement of the donor's intention to gift the property unconditionally and without consideration
6. Transfer of Ownership: Terms of the property transfer, including the effective date and land register requirements
7. Donor's Warranties: Confirmation of ownership, right to transfer, and property's freedom from encumbrances
8. Costs and Taxes: Allocation of transfer costs, taxes, and registration fees
9. Governing Law: Confirmation of Swiss law application and relevant canton jurisdiction
1. Reservation of Usufruct: Optional section when the donor wishes to retain living or usage rights in the property
2. Conditions and Restrictions: Any lawful conditions attached to the gift, if applicable under Swiss law
3. Mortgage Arrangements: Required if there are existing mortgages or liens to be addressed
4. Family Law Provisions: Required when the gift has implications for marital property or inheritance rights
5. Power of Attorney: Optional authorization for representatives to handle registration procedures
6. Severability Clause: Optional clause ensuring partial validity if certain provisions are found invalid
1. Property Description Schedule: Detailed technical description of the property, including boundaries, measurements, and land register extract
2. Land Register Extract: Current extract from the land register showing ownership and encumbrances
3. Property Plans: Official cadastral plans and property drawings
4. Building Documentation: If applicable, details of buildings, structures, and improvements on the property
5. Tax Certificates: Current tax value assessment and property tax status certificates
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