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Under what circumstances is it possible to cancel a gift agreement?

Have you donated a house, apartment or land to someone? And instead of gratitude, you received only indifference, hostility, or even grudges from the recipient? How can you proceed?

darování nemovitosti, stará žena se dívá z okna
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Even then, nothing may be lost and you may be able to achieve some compensation. Are you wondering if the donation can be reclaimed in certain situations? Do you need to know how to proceed if you want to have a gift agreement revoked? And is it even possible to cancel such a contract?

From our law practice: After a land donation, relations escalated to the point of physical assault

Mr. Kamil had a bad experience with the donation of land and turned to us. Some time ago he gave his nephew a plot of land next to his house. His nephew planned to build a house there. However, once all the formalities were completed and the signed contract was sent to the land registry, his nephew became less and less interested in Mr Kamil. He used to be willing to go shopping for him, take him to the doctors, but all that changed.

He became increasingly indifferent towards Mr Kamil, stopped being helpful to him and ignored his requests for help with what he needed due to his health condition. During the construction of the house, they even had a quarrel one day to the extent that Mr Kamil was physically assaulted by his nephew. On the basis of this incident, and others, Mr Kamil, with our help, got his nephew to pay him a substantial compensation for the plot and the de facto cancellation of the gift agreement.

Withdrawal of the gift

Have you given your relatives or friends a valuable item and now regret it because they are ungrateful or even rude to you? We will review your case and make sure that you retract your donation and get it back.

What you should know about cancelling a gift agreement

Can a gift be withdrawn if it is not written into the contract beforehand?

The presumption that a gift agreement could be revoked in the future if certain conditions are breached – i.e. the gift would be revoked – does not need to be explicitly addressed in the agreement. Revocation of the gift is possible under the conditions set out in the law, in two types of situations:

  • Thedonor is in material need: this means that he or she does not even have the basic subsistence for himself or herself or for a dependent. In such a case, the donor is obliged to return the gift to the donor or at least to provide him with the usual price of the gift.
  • Ingratitude of the donee: This is a more common case. Ingratitude is when the donee harms the donor intentionally or through gross negligence. This does not mean, for example, a tense argument, but rather a failure to provide assistance or a physical assault.

What are the time limits for revoking a gift?

The donor has a period of one year to revoke, i.e. withdraw, the gift from the moment the donor has wronged the donor. However, he or she may find out later, for example if the donor has harmed him or her indirectly or if the situation involves a person close to the donor. What then? If the donee does not return the gift, there is no option but to go to court.

In some cases, the right to revoke the gift even passes to the donor’s heirs if the donor dies and the donee has previously prevented him from revoking the gift. What can such a situation look like in practice? These are extreme situations where the donor is seriously injured, maimed or even killed by the donee.

Have you been in a difficult situation because of a gift agreement? We will be happy to help you.

Are you solving a similar problem?

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Withdrawal of the gift

Have you given your relatives or friends a valuable item and now regret it because they are ungrateful or even rude to you? We will review your case and make sure that you retract your donation and get it back.

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Author of the article

JUDr. Ondřej Preuss, Ph.D.

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

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