Revocation of donation
Revocation of Spousal Donation Due to Ingratitude
Is it possible to revoke a donation?
Yes Under Article 505 of the Greek Civil Code, the donor has the right to revoke a donation if the donee has shown ingratitude through a serious offense against the donor, the donor’s spouse, or a close relative. This includes, in particular, a failure to fulfill the obligation to support the donor. Ingratitude, under this provision, is defined as severe antisocial conduct or behavior by the donee that violates legal norms or societal notions of morality and decency. Such behavior must be attributable to the donee’s fault, directly harm the donor, and demonstrate a lack of appreciation for the donor’s generosity.
Criteria for Ingratitude
The seriousness of the offense is evaluated based on:
1. The relationship between the donor and donee. 2. The motives behind the donation.
3. The value of the donated asset.
4. The manner and character of the donee’s actions.
5. Any contributory fault by the donor, the donor’s spouse, or a close relative.
From a subjective perspective, the behavior must indicate reprehensible conduct and a lack of gratitude for the donor’s selfless act. The question of whether the donee’s behavior constitutes a serious offense is determined by the court, which assesses it using objective criteria. The court also considers the degree of the donee’s fault and any contributory fault of the donor, spouse, or relative.
The court’s decision is subject to appellate review, but only regarding whether the proven facts fulfill the legal definitions of “serious offense” and “ingratitude” under Article 505 of the Civil Code. This review does not extend to the factual determination of the events themselves (e.g., Supreme Court decision 109/2010).
Revocation of donation Process
According to Article 509(1) of the Civil Code, revocation of a donation is effected through an informal declaration by the donor to the donee, which may also be made via a legal action. Revocation takes effect upon the donee’s receipt of the declaration, provided the stated grounds are genuine and substantiate the revocation. For a revocation claim to succeed, the ingratitude must exist at the time of revocation, and the donor must prove both the truth of the stated reason and the serious misconduct constituting the ingratitude.
Exemptions from Revocation
Under Article 512 of the Civil Code, donations made out of a moral obligation or decency cannot be revoked. Such donations are those which, based on societal norms, correspond to a moral duty of the donor (e.g., due to family or friendship ties) or are made in adherence to social customs or expectations.
The classification of a donation as irrevocable does not depend on its label but on the court’s assessment of the agreed terms, which may include external factors influencing the agreement.
Case Example:
A husband donated €50.000 to his wife to co-purchase a house in an attempt to save their failing marriage. Despite his efforts, their relationship worsened, with the wife displaying continued disrespect and ungrateful behavior. She refused to live in the new house, disparaged him in front of others, and sought financial gain from the marital property.
The husband ultimately filed for divorce and initiated legal proceedings for revocation of donation due to ingratitude. The appellate court and Supreme Court upheld the revocation, determining the wife’s actions to constitute serious antisocial and spousal misconduct under Article 505. Her claims that the donation was irrevocable, as it was made out of moral obligation, were dismissed. The court found her actions inconsistent with societal and marital norms, justifying the revocation.
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