A donation in Spain is a voluntary transfer of assets from one person (donor) to another (recipient) without expecting anything in return. Spanish law recognizes two main types of donations:

Movable Donations

• Can be made verbally or in writing
• Must be physically handed over immediately if verbal
• Includes items that can be easily transported
• No notary required for validity

Immovable Donations

• Requires a notary and public deed
• Applies to fixed property/assets
• Donor retains usufruct rights (right to use/enjoy)
• Cannot be transported without damage

Legal Restrictions on Donations in Spain

• Donors cannot donate:

  • Future assets or goods
  • All their possessions
  • Assets needed to pay existing debts
  • More than what's stipulated in their will

• Multiple recipient donations must be divided equally unless specified otherwise

• Creditors can challenge donations through actio pauliana if insufficient assets remain for debt payment

• Donors must maintain enough assets for reasonable quality of life

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