What is a Donation?
A donation is the contract by which one person (the donor) provides another person (the donee) with an object or right without consideration. It is a juridical act drawn up exclusively by notarial deed.
What is a Donation Subject to a Charge?
In a “donation subject to a charge” (δωρεά υπό τρόπο), the donor may, after transferring the asset to the donee, require the latter to perform a charge, that is, to oblige the donee to render a performance. Such performance may consist of any act or omission, whether of a pecuniary nature or not.
What is a Parental Gift?
A donation is made either inter vivos or in contemplation of death (mortis causa). When made by a parent to a child, it is known as a parental gift (γονική παροχή) and is subject to particularly favourable tax treatment.
By Whom May a Donation Be Revoked?
- By the donor: if the donee proves to be ungrateful through serious misconduct against the donor, his or her spouse, or a close relative, in particular if the donee has failed to perform the duty of supporting the donor.
- By the donor’s heir: if the donee intentionally causes the death of the donor or prevents him or her from revoking the donation.
- By the donor or the donor’s heir: if the donee culpably fails to perform the charge under which the donation was made.
The donation may be revoked by a declaration addressed to the donee, whereby the donor’s obligation to perform is extinguished. Where performance has already been rendered, it may be reclaimed under the rules on unjust enrichment.
When is Revocation of a Donation Excluded?
- If the donor has forgiven the donee.
- If one year has passed from the time the donor, while having the right to revoke, became aware of the ground for revocation.
- If the donee has died.
- If the donation was made out of a particular moral duty or for reasons of decency.
- See also article Revocation of Decision on Interim Measures
- See also article Divorce
- See also article Relocation of the Family Home
- See also article Joint Custody of the Child
- See also article Child Alimony – Methods of Collection
- See also article Child Custody and Child Abduction
- See also article Change of City of Residence for Minor Children
FREQUENTLY ASKED QUESTIONS ON REVOCATION OF DONATION
1. When can I revoke a donation I have made?
Revocation is available primarily where the donee shows ingratitude, that is, serious misconduct against the donor, the donor’s spouse, or a close relative. Typical examples include the failure to perform the obligation to support the donor, the abandonment of the donor in advanced age, physical or psychological abuse, and serious affronts to the donor’s honour. Revocation is also available where the donee fails to perform the charge attached to the donation (e.g. an obligation of care, of providing housing, or of financial support). The assessment of “serious misconduct” is, as a rule, made by the court on the basis of the specific circumstances of each case.
2. How is the revocation of a donation carried out in practice?
Revocation is effected by a unilateral declaration of the donor to the donee, served through a bailiff so that its date and content can be evidenced. Subsequently, where real property is involved, a lawsuit is filed before the Single-Member Court of First Instance seeking recognition of the revocation and recovery of ownership on the basis of the rules on unjust enrichment. Once the judgment becomes final and irrevocable, the change is registered in the national land registry (Κτηματολόγιο) and the property reverts to the donor. In the case of donations of movables or sums of money, the procedure follows the same logic, with a claim for the return of the performance.
3. Within what time must I act to revoke?
The deadline is strict: one year from the time the donor became aware of the ground for revocation, while at the same time being able to exercise that right. If the year elapses without the relevant declaration being made, the right is definitively extinguished and the donation remains valid. Furthermore, if the donor expressly or tacitly forgives the donee, he or she loses the right of revocation. For this reason, timely advice from a lawyer is critical — any delay may cost the definitive loss of the property transferred.
4. What documents and evidence do I need?
First and foremost, the deed of donation or of parental gift is required, together with title documents reflecting the asset position. Equally necessary is any item of evidence proving the ungrateful conduct: messages, criminal complaints, medical certificates in cases of abuse, proof of failure to provide alimony, and witnesses familiar with the situation. If the donation was subject to a charge, evidence demonstrating the failure to perform that charge is needed. Documents establishing the time at which the donor became aware of the donee’s conduct are also useful, in order to demonstrate compliance with the one-year deadline.
5. What are the prospects of success of a revocation lawsuit?
The outcome depends on the gravity of the conduct and the quality of the evidence. As a rule, the courts allow revocation where there is clear abandonment of an elderly donor, refusal to provide alimony, physical violence, serious affronts, or systematic breach of a condition of the donation. By contrast, mere family disagreements or a cool relationship are not sufficient. In cases of parental gift, the case-law is strict towards children who abandon their parents. Thorough preparation of the case file, proper drafting of the declaration of revocation, and observance of the deadlines significantly increase the prospects of a favourable outcome.
6. What is the role of the lawyer in the procedure?
Our firm undertakes, first, the assessment of whether a lawful ground for revocation exists and whether the one-year deadline is being observed. We draft the extra-judicial declaration of revocation and arrange for its service on the donee, in order to safeguard the time of exercise of the right. We then file the lawsuit before the competent Court of First Instance, organise the evidence, examine witnesses, and represent the donor at every stage of the procedure. We also handle the registration of the judgment in the national land registry and the recovery of the property or the performance. The firm’s experience in family and inheritance law matters ensures comprehensive support throughout.