You may be wondering…

• Can the donee really refuse a gift?

• How is it done in practice?

• What happens to the contract if it has already been signed?

• Can the donor claim compensation?

Clients ask me…

Can the donee refuse a gift?
Yes. Gift agreements are bilateral legal acts – they require the consent of the donee. Without it, the contract does not come into effect.

How is a gift refused?

• Most often by a simple declaration that the gift is not accepted.

• If the contract was signed but the gift not yet handed over, the donee may refuse it, and the contract then lapses.

Can the donor claim compensation?
Only for expenses reasonably incurred in anticipation of the gift (e.g. preparing the transfer of real estate, registry fees). In such cases, the donor may claim reimbursement from the donee (Section 2056 of the Civil Code).

Refusal of a gift in a nutshell

• No acceptance, no gift.

• The donee may refuse even after signing, as long as the gift has not been delivered.

• The donor may claim incurred expenses connected with the expected gift.

• Real estate or other registered property – without acceptance, the transfer cannot be registered.

Main risks and mistakes

1. Donor assumes automatic acceptance. Acceptance is essential.

2. Donee signs the contract but refuses delivery. Creates uncertainty until the gift is actually transferred.

3. Ignoring expenses. Donors can lose money on fees if they don’t address this.

4. Emotionally charged family situations. Refusal of a gift often causes disputes.

Step-by-step process

1. Confirm whether the donee has actually accepted the gift.

2. If not, the agreement does not arise or lapses.

3. The donor may claim expenses incurred in anticipation of the gift.

4. In case of dispute, the donor can seek compensation through court.

Real-life example

A client prepared a gift agreement to transfer a plot of land to his son and paid the registry fees. The son later changed his mind and refused to accept the gift. The court confirmed that the agreement had not arisen, and the client was entitled to reimbursement of the expenses incurred in connection with the intended transfer.

Why to be cautious

Gifting is always a two-party agreement. Without acceptance, the contract is invalid. It is wise to confirm acceptance with the donee before starting the transfer process or paying fees.

Lawyer’s recommendation

• Never assume that the donee will automatically accept the gift.

• For real estate, confirm their consent in advance.

• For significant costs, keep records to support any claim for reimbursement.

Checklist:
☑ Donee has confirmed acceptance
☑ I know that without acceptance the contract is invalid
☑ I have proof of expenses, if I need to claim them
☑ For valuable gifts, I always use a written agreement

FAQ

Can the donee refuse a cash gift?
Yes, without acceptance the agreement never arises.

What if the contract has already been signed?
If the gift has not yet been delivered, the donee may still refuse it and the contract lapses.

Can the donor claim damages?
Yes, but only for provable expenses incurred in expectation of the gift.