The Donor’s Right to Reside in the Alienated Residential Premises as a Condition of a Gift Agreement: Controversial Issues of Theory and Practice

<jats:p>The article examines the condition of the gift contract regarding the donor’s right to use the residential premises after the contract is concluded. It assesses its impact on the legal nature of the gift contract, examines the legal positions developed in law enforcement practice, and identifies the specific features of the wording of this condition. The author concludes that a contract with a condition regarding the donor’s right to remain in the residential premises is a mixed contract, and there are no grounds for recognizing it as a sham transaction. However, including the condition in the contract is risky, as it may be considered as a reciprocal obligation of the donee and lead to the invalidity of the contract.</jats:p>