Return of a gift

Hello, The Civil Code (hereinafter referred to as the “CC”) provides for the right to demand the return of a gift in § 630, which states: “The donor may demand the return of the gift if the donee behaves towards them or members of their family in a manner that grossly violates good morals.”

First, it is important to note that the conduct constituting a gross violation of good morals must be committed by the donee themselves. This provision cannot be extended to other persons, even if they are close to the donee (judgment of the Supreme Court of the Slovak Republic, file no. 5 Cdo 103/2002). The return of the gift will only be possible if you can prove that the donee, during the time from acquiring the house under the gift contract, behaved towards the donor (her partner) in a way that can be considered a gross violation of good morals. This means that it cannot be just any breach of good morals, but one that reaches a significant – unacceptable – intensity or is repeated regularly. According to established court practice, a gross violation of good morals does not include, for example, expressions of ingratitude by the donee towards the donor, the sale of the gifted property to a third party, or not visiting the donor during holidays and other important occasions. A gross violation of good morals has no uniform definition and will be assessed individually in each case.

The right to demand the return of a gift is a property right, which is subject to the general three-year limitation period that begins at the moment the donee’s behavior fulfills the elements of a gross violation of good morals (ruling of the Supreme Court of the Czech Republic, file no. 32 Odo 429/2003).