What happens in the event of a donation revocation?
Introduction
Although a donation is generally an irrevocable act, certain situations allow for its revocation. These cases, strictly regulated by law, aim to protect the donor or sanction unacceptable behavior by the recipient.
In cases of revocation, the legal and financial consequences are significant for both the donor and the recipient. This article explores the grounds for revocation, the procedures involved, and their implications, all within the framework of French law under the oversight of a public notary.
The Principles of Irrevocability in Donations
A donation is a unique legal agreement involving the permanent transfer of an asset or right from the donor to the recipient.
General Rule: Irrevocability
Article 1103 of the French Civil Code states that contracts are binding upon the parties involved. In the case of donations, this principle is reinforced by the “special irrevocability” outlined in Article 894 of the Civil Code.
Why Irrevocability?
The purpose of irrevocability is to ensure the stability of legal relationships and protect the recipient’s rights.
Legal Exceptions Allowing Revocation
Despite the general principle of irrevocability, three main grounds for revoking a donation are recognized by law in France:
- Non-fulfillment of obligations (charges)
- Ingratitude of the recipient
- Birth of a child (survenance d’un enfant)
Revocation for Non-fulfillment of Obligations (Charges)
Definition
A “charge” refers to an obligation imposed on the recipient within the donation agreement. If the recipient fails to meet this obligation, the donor can request a revocation.
Examples of Charges
- Maintaining a donated property (e.g., a historic building).
- Providing care or assistance to the donor.
- Making a payment or delivering a service in return.
Practical Example:
Mme Lefèvre donates an apartment in Paris to her nephew on the condition that he renovates it within two years. If he fails to complete the renovations, she can request the revocation of the donation.
Procedure
- The donor must file a claim with the competent court, providing evidence of the unfulfilled obligation.
- Judges assess the severity of the breach before deciding whether to revoke the donation.
Revocation for Ingratitude of the Recipient
Definition
Ingratitude refers to severe misconduct by the recipient toward the donor.
Legal Grounds for Ingratitude (Article 955 of the French Civil Code):
- Attempting to harm the donor’s life.
- Committing abuse, crimes, or serious insults against the donor.
- Refusing to provide necessary support to the donor in need.
Practical Example:
M. Dupont donates land to his son. If the son commits physical violence against him, M. Dupont can request the revocation of the donation.
Procedure
- The donor must initiate legal action within one year of discovering the act of ingratitude.
- If successful, the donation is retroactively annulled, and the asset must be returned.
Revocation for the Birth of a Child
Historical Context
Before 2006, donations made by childless individuals were automatically revoked if a child was later born. Since January 1, 2007, this revocation is no longer automatic and must be explicitly stated in the donation deed.
Current Conditions
- A clause allowing revocation for the birth of a child must be included in the donation deed.
- The donor must request the revocation within five years of the child’s birth or adoption.
Practical Example:
M. Lefèvre donates an apartment in Paris to his brother while childless. Years later, he becomes a father and requests revocation of the donation, as specified in the deed.
Consequences of Donation Revocation
Legal Effects
- Retroactive Annulment: The donated asset returns to the donor’s estate as though the donation never occurred.
- Restitution in Nature or Value: If the asset has been sold or destroyed, the recipient must reimburse its value at the time of donation.
Effects on Third Parties
- Third-party rights (e.g., creditors or buyers) are protected if the revocation was not registered or publicly disclosed.
Sanctions for the Recipient
- In cases of ingratitude, the recipient may face additional financial or moral penalties.
Case Studies of Donation Revocation
- Non-fulfillment of Obligations
M. Bernard donates a countryside home to his daughter, requiring her to maintain it to preserve the family heritage. If the house falls into disrepair due to negligence, he can request revocation. - Recipient’s Ingratitude
Mme Dupuis gifts an apartment to her grandson. After receiving the property, he cuts all contact with her and refuses to assist her financially during hardship. She can take legal action to annul the donation.
Frequently Asked Questions
Can a donation be revoked at the donor’s discretion?
No, revocation is strictly regulated by French law and cannot be decided unilaterally by the donor.
Can the recipient contest the revocation?
Yes, the recipient can challenge the revocation in court and provide evidence of compliance with obligations or absence of ingratitude.
What happens if the recipient has sold the asset?
The recipient must return the asset’s value at the time of the donation.
Conclusion
While donation revocation is rare, French law provides specific grounds for this action to protect the donor’s interests in certain circumstances. Whether for non-fulfillment of obligations, ingratitude, or the birth of a child, the revocation process requires careful evaluation and adherence to strict legal guidelines. Consulting a public notary in France is crucial to ensure compliance with the law and safeguard the rights of all parties involved.
Useful Links
For further information or assistance, feel free to contact us by email at ccn@ccn.notaires.fr, by phone at +33 1 88 32 98 80, or via the contact form below.
