You may be wondering…

• Is it enough that I “gave” my friend a washing machine verbally?

• Does a donation agreement always have to be in writing?

• What if the recipient refuses to return the item?

• How are defects in donated electronics handled?

Clients often ask me

• If I donate something in person and the recipient takes it immediately, is it valid even without a contract?

• How does donating a regular item differ from donating expensive electronics?

• Can I claim compensation if the donated item turned out defective?

• How does revocation of a gift for ingratitude work with movable property?

How donation of movable property works

1. Verbal agreement is enough if the item is handed over immediately together with the intention to donate (e.g., I give a friend a bike and he takes it right away).

2. Written contract is required if the item is not handed over at the same time (e.g., I promise to donate a TV, but the recipient will pick it up a month later).

3. Proof of handover – for more valuable items, I recommend preparing a simple handover confirmation so it’s clear who took the item and when.

4. Defects of the gift – the donor is only liable if they knew about the defects and failed to inform the recipient.

Most common mistakes

• Relying on a verbal agreement even for valuable items.

• Insufficient description of the item (e.g., “I donated a TV” without further details).

• No handover confirmation – in case of expensive items, disputes may arise whether it was a gift or a loan.

• Donating a defective item without warning – the donor may be liable.

Case from practice

A woman donated an old laptop to an acquaintance. She claimed it was a gift, but since nothing was written down and the recipient picked it up a week later, he later claimed it was only borrowed. The dispute ended up in court – which concluded that it was an invalid gift due to the missing written form, because the item was not handed over simultaneously with the intention to donate.

Why you should write a contract

A verbal agreement may be valid, but it’s very hard to prove. For electronics, furniture, or other valuable items, it’s better to prepare a simple written donation agreement or at least a handover protocol. This way, you avoid disputes and save yourself stress and money.

Lawyer’s advice – checklist

• Is the item handed over immediately? → verbal agreement is enough.

• Will the handover take place later? → written contract required.

• Is the item valuable? → always better in writing.

• Does the item have defects? → inform the recipient.

• Want to be sure? → prepare a simple handover protocol.

FAQ

Is a verbal donation valid?
Yes, if the item is handed over immediately. If the handover is delayed, a written contract is required.

What if the donated item doesn’t work?
The donor is only liable if they knew about the defect and concealed it. Otherwise, they don’t have to cover repairs.

Can a gift be revoked?
Yes, for example for ingratitude if the recipient intentionally harms the donor.