What You’ll Learn

– When donating property is seen as fraudulent under Czech law
– How bailiffs can challenge a gift transfer
– What “voidable legal acts” mean and why they matter
– How to protect your loved ones from liability
– What an attorney recommends before you take action

When a Gift Is a Voidable Legal Act

Under Czech law (§ 589 and following of the Civil Code), a creditor can challenge a debtor’s actions that unfairly reduce their assets—especially if done knowingly to the detriment of creditors. This applies to gifts as well.

So if you donate real estate or other property while you are in debt or execution proceedings have started, it may be a voidable act. That means the bailiff can challenge it in court and seize the property even from the recipient.

How Long Can Transfers Be Challenged?

If the gift was made to a close person, the law generally allows the transfer to be challenged for up to three years, and sometimes even five. The key is not the date of the transfer—but the purpose and context.

Risks for the Recipient

People often think they’re safe if they “just put the property in someone else’s name.” But the recipient may end up in serious trouble:

– The bailiff can seize the gifted property
– They might face a lawsuit to return unjust enrichment
– They could lose the gift—and more

Especially if the donation wasn’t genuine but served as a cover to avoid paying debts.

Advice from an Attorney

If you’re considering transferring property while facing or fearing execution, the worst thing you can do is act without legal advice.

Every case is different. Sometimes the best course is to do nothing. In other cases, selling the asset at market price and paying off the debt may be safer. And sometimes, legal tools like trust structures or asset restructuring may be more appropriate.