Polish law allows donors to reclaim gifts under specific circumstances such as financial hardship or recipient ingratitude.
What to know about gift agreements
Contrary to popular opinion, a gift should be perceived as a contract, not a unilateral declaration of intent. A gift belongs to contracts.
A gift is a one-sided legal obligation involving a donor and a donee. The party to the agreement can be both a natural person and a legal entity. The condition is that the donee must have legal capacity.
Money, car or apartment? What can be the subject of a gift?
The subject of a gift can be things and property rights with economic value.
Revoking a gift due to financial hardship. When can a donor demand return?
Under certain circumstances, a gift can be revoked. This somewhat resembles withdrawal from a contract, but there are fundamental differences between these actions – a gift arises from different premises and has a different social purpose.
When can a gift be revoked? In a situation where the gift has not yet been executed, the donor has the right to revoke it if there has been a deterioration in their financial situation after the contract was concluded. This right applies when the implementation of the gift could threaten their own maintenance or prevent them from fulfilling their maintenance obligations.
Recipient’s ingratitude – examples of behavior
Moreover, the donor – in a specific situation – may revoke a gift that has already been executed. This includes situations where the donee has shown gross ingratitude toward the donor. The donee’s gross ingratitude can manifest itself in both actions and omissions toward the donor. Importantly – it does not always have to be accompanied by open hostility — it is enough for the behavior to be objectively assessed as seriously harmful or contrary to moral or legal norms.
Return of gifted item and unjust enrichment (art. 898 § 2 CC)
It should be emphasized that the return of the revoked gift item takes place according to the provisions on unjust enrichment. From the moment the event justifying the revocation occurs, the donee is liable as a person unjustly enriched, who must count on the obligation to return the benefit.
How to revoke a gift? Formal requirements for a declaration and art. 900 of the Civil Code
According to art. 900 of the Civil Code, revocation of a gift takes place by a written declaration addressed to the donee. The document should indicate the reason for revocation. The declaration has legal effects from the moment it reaches the donee in a way that enables them to familiarize themselves with its content.
FAQ: Common questions about revoking a gift
1. Can a gift be revoked after several years? The donor has one year to revoke the gift from the date they learned of the donee’s gross ingratitude.
2. What is gross ingratitude? This is the behavior of the donee that is highly reprehensible and directly affects the donor. For example, committing a crime against the donor, drastically neglecting family obligations. Ordinary family arguments are not considered gross ingratitude.
3. In what form must the gift revocation be made? The revocation of a gift must take place in the form of a written declaration submitted to the donee. The letter must precisely state the reason.
5. Does forgiving a child block the return of the gift? Yes. If the donor has forgiven the donee for their reprehensible behavior, they lose the right to revoke the gift.