In this article we are going to discuss the possibility of cancelling or revoking a gift. If possible, its legal justification, and some examples.
Is it possible to cancel or revoke a gift donation?
The answer is yes.
When a person makes a donation, it is possible to cancel it later. It can be done due to the ingratitude of the beneficiary. That is, when the recipient of the donation performs an act against the donor, or his assets, etc.
These cases are those provided for in article 648 of the Spanish civil code. That states:
The donation or gift may also be revoked, at the request of the donor, due to ingratitude in the following cases:
1. If the donee or beneficiary commits any crime against the person, honour or property of the donor.
2. If the donee accuses the donor of a crime ( in some cases).
3. If the donee or beneficiary, denies food or maintenance to the donor.
Court decisions about cancelling or revoking a gift
There are many examples of cases, in which a gift has been annulled by the Spanish courts. For example, the court decision of the Provincial Court of Oviedo, of 22/03/2021.
In that case, a mother gifted the company shares of the family business to her son. Subsequently, the mother requested the cancellation of the donation, claiming lack of gratitude.
In the appeal phase, the Provincial Court upheld the petition. And states:
– In accordance with article 648.1, the donor can revoke a donation due to ingratitude. In the event that ‘the donee commits a crime against the person, honour or property of the donor.’
– That the Supreme Court, understands in a flexible way, the psychological abuse carried out by the donee. Because, in this article, the concept of ‘crime’ and the protected rights: honour and property, of the donor are not specified or defined.
– Thus, the concept of crime must be interpreted openly. NOT being necessary that there is a criminal court decision that declares it.
– It is enough of a behaviour that is socially reprehensible, and is offensive against the donor. Even if it is not formally classified as a crime.
– Includes cases of psychological abuse, which must be duly accredited. Being understood as such, the damage or injury to the mental health of the victim.
– The judge concludes that in the case studied, the donation must be revoked. However, the attitude of the child (recipient of the donation) can be classified as psychological abuse. As he took the mother away from the family business and even from his family. causing a serious detriment to her psychological well-being.
Even if it has been done correctly, cancelling or revoking a gift is possible. But, only in the cases provided for by law and the civil code.
If you find yourself in this situation and want expert legal advice.
If you want to know more about the ways to transfer properties in Spain and our court claim services, contact us.
The information provided in this article is not intended to be legal advice, it merely conveys information related to legal issues.
Foreigners in Spain: Giving a Spanish property to children or family.
Tax benefits in donations and gifts between parents and children. Spain. Valencian Community.
Carlos Baos (Lawyer)
White & Baos.
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