A donation is one of the most common ways of transferring assets to close individuals. However, in practice, situations often arise that change the donor’s original intentions. It may happen that the donor wishes to revoke the donation. When is this possible? What are the rules and procedures related to revoking a donation?
1. What is the revocation of a donation?
Revocation of a donation is a unilateral declaration of intent by the donor expressing the desire to “cancel” a previously made donation.
2. When is it possible to revoke a donation?
According to the provisions of the Civil Code (Article 898), the donor may revoke even a performed donation if the donee has committed gross ingratitude toward them. Article 898 § 1 of the Civil Code does not define the concept of gross ingratitude or provide guidance to determine general features of such ingratitude. Legal doctrine and case law agree that gross ingratitude includes only such behavior of the donee, through action or omission, directed directly or even indirectly against the donor, which, when assessed reasonably, must be considered highly improper and harmful to the donor (Supreme Court ruling of 7.5.2003, IV CKN 115/01, Legalis).
It should be emphasized that a donation cannot be revoked for ingratitude if the donor has forgiven the donee. If the donor lacked legal capacity at the time of forgiveness, the forgiveness is effective if made with sufficient understanding.
3. What steps should be taken?
Revocation of a donation requires several formal steps:
A declaration of revocation: The donor must express their intention in the form of a declaration of intent, which should be delivered to the donee. The revocation takes place through a written statement delivered to the donee.
Filing a case in court: If the donee refuses to voluntarily return the gift, the donor may file a lawsuit in civil court. The court will then determine whether the revocation is justified and may order the return of the donated item.