You may be wondering…

• What exactly is considered ingratitude?

• What evidence do I need in court?

• How long do I have to file a lawsuit?

• Can the court really “return” the gift?

Clients ask me…

What is ingratitude under the law?
It is not about ordinary arguments or bad relationships. The law speaks of intentional or grossly negligent harm to the donor that clearly violates good morals – typically physical assault, serious insults, fraud, or conduct directed against the donor’s close relatives.

How does the court process work?

• First, the donor must revoke the gift with a written declaration.

• If the donee does not return the gift, the donor must file a lawsuit.

• The court examines whether ingratitude occurred, and if so, orders the return of the gift (or its value).

How long do I have to sue?
Generally, one year from the day the donor learned about the ingratitude (§ 2075 of the Civil Code).

Court case on revocation of a gift in a nutshell

• Revocation of the gift = written notice delivered to the donee.

• If the gift is not returned, the donor must sue.

• The court evaluates the seriousness of ingratitude.

• Judgment = obligation to return the gift or pay its market value.

Main risks and mistakes

1. Revoking the gift orally. It must be in writing and provable.

2. Weak evidence. Mere witness statements may not suffice.

3. Confusing ordinary quarrels with ingratitude. The court requires serious misconduct.

4. Missing the deadline. After one year, the claim is time-barred.

Step-by-step process

1. Draft a written revocation of the gift and deliver it to the donee.

2. If the gift is not returned, file a lawsuit.

3. Collect evidence – medical records, text messages, witness statements, police reports.

4. Prove in court that the donee’s behavior clearly violates good morals.

Real-life example

A client gifted his son a family house. Over time, their relationship deteriorated, and the son physically assaulted his father and threatened to evict him. The father revoked the gift and filed a lawsuit. Based on medical records and witness testimony, the court ruled that the son’s conduct constituted ingratitude and ordered the return of the house to the father.

Why to be cautious

A lawsuit over revocation of a gift is demanding both emotionally and evidentially. Success usually depends on whether the donor has solid evidence of the donee’s misconduct and files the lawsuit on time.

Lawyer’s recommendation

• Always make the revocation of a gift in writing.

• Collect evidence – it is not enough to say “he was rude.”

• Don’t delay – the one-year deadline is strict.

Checklist:
☑ Written revocation prepared
☑ Aware of the one-year deadline
☑ Evidence of ingratitude collected (medical, witnesses, messages)
☑ Ready for the court to examine seriousness of conduct

FAQ

What counts as ingratitude?
Physical violence, serious insults, fraud, or actions against the donor’s relatives.

Are quarrels or strained relations enough?
No – the court requires conduct that seriously breaches good morals.

What if the donee already sold the gift?
They must pay its market value.