Obligations and contracts

Gift (donation) contract

A contract by which one person gratuitously transfers assets from their own estate to another during their lifetime.

All terms

Under Turkish law, a gift (bağışlama, commonly hibe) is a contract by which one person gratuitously transfers assets to another with effect during their lifetime. Its defining feature is the absence of consideration: only the donor assumes an obligation.

A gift of movables completed by immediate delivery requires no form. A promise to make a gift must be in writing, and gifts of real estate are valid only in official form at the land registry. Intra-family property transfers are often gifts in substance and may later be challenged by reserved-share heirs through abatement claims.

The donor may revoke the gift on limited statutory grounds, chiefly where the donee commits a serious offence against the donor or close relatives, or gravely breaches duties owed to them.

Not to be confused with

Vasiyetname ile karıştırılmamalıdır: vasiyet ölüme bağlı bir tasarruftur ve ölümle sonuç doğurur, bağışlama ise sağlararası bir kazandırmadır.

Statutory basis

  • TBK m.285

The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.