Overall assessment in the case of revocation of a gift due to gross ingratitude
In the context of gifts, motives, personal relationships, and the trust between the parties involved play a central role. However, it is not uncommon for tensions to arise afterwards, leading donors to wish to withdraw from their promise. An important legal basis for this is the so-called revocation due to gross ingratitude under Section 530 of the German Civil Code (BGB). In particular, the Federal Court of Justice (BGH), in its judgment of November 27, 2012 (Case No.: X ZR 80/11), emphasized how crucial it is to comprehensively consider all circumstances when assessing a revocation.
Significance of gifts in civil law
In civil law, a gift is characterized by the gratuitous transfer and the associated trust placed by the donor. However, the law allows for reversal if the recipient commits a serious breach, the so-called gross ingratitude, against the donor. The legislature has deliberately left this term open to enable an appropriate assessment in individual cases. In practice, it is often challenging to determine whether such ingratitude exists. Mere unfriendliness or everyday potential for conflict is not sufficient; rather, a significant violation is required.
Gross ingratitude as a requirement for revocation
Elements of gross ingratitude
According to Section 530 (1) BGB, gross ingratitude is present when the recipient proves themselves unworthy of the gift through a serious violation against the donor, such as a criminal act or lasting damage. For a revocation to be legally justified, the violation must be so severe that, from the donor’s perspective, it is unreasonable to maintain the gift.
Necessary overall evaluation according to the BGH
In the aforementioned decision, the BGH clarified that when assessing gross ingratitude, one must not look at the recipient’s behavior after the gift in isolation. Instead, all essential circumstances must be comprehensively evaluated. This includes both the motives and intentions that led the donor to make the gift, as well as the development of the personal relationship between the parties before and after the gift, and the behavior of both sides. It is particularly important that the background and any provocations or prior impairments by the donor can also be taken into account; revocation is only permitted if, taken as a whole, the recipient’s conduct appears as gross ingratitude. In this way, the BGH protects against hasty demands for repayment but also ensures that serious breaches of trust can have consequences.
Practical implications of the judgment
Key factors in individual case assessment
For the legal assessment, it is crucial that the court conducts a comprehensive and differentiated examination. Among the factors to be considered are:
- The nature and intensity of the alleged conduct
- The connection between the conduct and the gift
- The relationship of the parties before the gift, especially motives and expectations
- Mutual violations or prior impairments
- Developments and possible changes in the relationship
This overall assessment serves to prevent abuse of the right of revocation on the one hand, and on the other hand ensures that the instrument of revocation is not devalued.
Significance for potentially affected parties
Persons facing a possible claim for return of a gift should be aware that the specific individual case is decisive. Neither can general rules be presumed, nor is a revocation justified solely by the occurrence of family conflicts or everyday disputes. Donors should also always bear in mind that their behavior, especially before the gift, will be considered in the assessment.
Conclusion
The BGH’s decision underscores the complexity of legally recognizing the revocation of a gift due to gross ingratitude and emphasizes the need for a comprehensive individual case assessment. In this way, it protects the legitimate interests of both parties.
For companies, investors, and high-net-worth individuals faced with questions relating to gifts, possibilities of reclaiming gifts, or other asset transfers, individualized and expert support is recommended. For legal classification and clarification of detailed questions on the subject of gifts and revocation, the Rechtsanwälte of MTR Legal are available nationwide and internationally.
(BGH, Judgment of 27.11.2012, Case No.: X ZR 80/11, Source: urteile.news)
