Can you ask for the gift back because of the ungratefulness of the donee? And how to do it?
Author of the article: Mgr. Vendula Růžková, LL.M., MBA, Mgr. Alice Dajčarová, LL.M., MSc., ARROWS (office@arws.cz, +420 245 007 740)
Gift agreements are a traditional and very often used legal instrument through which property is transferred. Gifts are usually an expression of goodwill and an effort to help or support the donee. However, life also brings situations where the relationship between the donor and donee suffers such a blow that as a donor you may even think about giving back. In case you find yourself in such a situation, the existence of a legal institute called gift revocation will certainly come in handy. One of the reasons for which you can revoke a gift is the ingratitude of the donee. But what do you mean by "ingratitude" in legal terms? And what should you do if you do decide to revoke the gift?
Ingratitude as a reason for revoking a gift
According to § 2072 of the Civil Code, you can revoke a gift if the donee behaves "ungratefully" towards you. This legal institution is based on the principle of protecting good morals and the personal dignity of the donor. In this context, ingratitude includes conduct by the donee that is so serious that it fundamentally disrupts the relationship between the donor and the donee. But beware - this does not include ordinary disagreements or minor conflicts that are a normal part of interpersonal relationships.
Examples of ingratitude include:
- Physical or psychological attacks on the donor,
- grossly offensive or derogatory behaviour,
- Failure to provide assistance to the donor when it is reasonably expected (for example, during illness or other difficult life situations).
How do I go about withdrawing a donation?
Several requirements must be met for a revocation to be valid. The key step is to write a written revocation of a gift for ingratitude, which includes:
- Identification of the gift - A clear and precise description of which gift was made (for example, specific real estate, a sum of money, or other property).
- Reasons for revocation - A description of the specific acts of the donee that meet the elements of ingratitude.
- Requirement to return the gift - An explicit request to return the gift and a deadline by which the donee must return the gift.
If the donee does not voluntarily return the gift, the donor may take legal action. The court will then assess whether the conditions for revoking the gift have been met and decide on further action.
Restrictions and time limits
It is important to remember that you can revoke a gift within one year of becoming aware of the donor's ingratitude. If you miss this deadline, your right to revoke the gift is extinguished and you cannot claim a refund, or you can, but if you take such a claim to court, it will not be granted.
Further complications may arise if the donee has transferred the gift to a third party. In such a situation, it is usually not possible to claim the return of the gift itself, but you can claim financial compensation equivalent to the value of the gift.
Specifics in family relationships
The institution of revocation of a gift is often applied in the context of family relationships, where, for example, the donor donates real estate to his children or other relatives. In these situations, conflicts tend to be emotionally charged and evidence of ingratitude must be carefully considered. A typical example is when parents give a house to their child and the child then behaves rudely towards them or fails to provide help in an illness or other difficult situation.
Recommendations for donors
- Gather evidence carefully - Documentation and testimony can play a key role in court proceedings.
- Pay attention to deadlines - Timely response is essential to successfully exercising the right to revoke a gift.
- Consult a lawyer - Legal assistance can eliminate the risk of procedural errors and increase the likelihood of success.
Conclusion
Gift revocation for ingratitude is a donor's right, but should only be exercised in exceptional and justified cases. Before deciding to take legal action, it is important to have clear evidence and to consider whether the dispute is worth the potential consequences, particularly in terms of family relationships.