Polish law allows donation revocation under specific financial hardship or ingratitude conditions.
What is a Donation? Definition and Legal Provisions
A donation is regulated in the Civil Code as a commitment by the donor to provide a benefit to the donee at the donor’s own expense.
The Donation Agreement – Key Information
Contrary to common opinion, a donation should be perceived as a contract, not a unilateral declaration of intent. It is a legally binding unilateral action involving both donor and donee.
What Can Be Donated? Money, Cars, or Real Estate?
Donations can include property and proprietary rights, such as money, vehicles, or apartments.
Revoking a Donation Due to Financial Hardship
A donor can revoke an unexecuted donation if their financial situation has deteriorated since the agreement, threatening their own maintenance or ability to fulfill alimentary obligations.
Gross Ingratitude of the Donee – When Can a Donation Be Revoked?
A donor can revoke an already executed donation if the donee has shown gross ingratitude, which can manifest through actions or omissions that are objectively seriously harmful or contrary to moral or legal norms.
Return of the Donated Item and Unjust Enrichment
The return of a revoked donation is governed by the provisions on unjust enrichment. From the moment the event justifying revocation occurs, the donee is liable as someone who has been unjustly enriched and must return the benefit.
How to Revoke a Donation? Formal Requirements
According to Article 900 of the Civil Code, revocation must be made through a written declaration to the donee, specifying the reason for revocation. The declaration takes effect when it reaches the donee in a way that allows them to familiarize themselves with its content.
Frequently Asked Questions About Donation Revocation
1. Can a donation be revoked after several years? The donor has one year from learning about the donee’s gross ingratitude to revoke the donation.
2. What constitutes gross ingratitude? It is highly reprehensible behavior that directly harms the donor, such as committing a crime against the donor or drastically neglecting family obligations.
3. What form must the revocation take? Revocation must be in the form of a written declaration to the donee, precisely stating the reason.
4. Does forgiving the child block the return of the donation? Yes. If the donor has forgiven the donee’s reprehensible behavior, they lose the right to revoke the donation.
