In the legal practice of Bosnia and Herzegovina, a frequently asked question is: can a gift agreement be terminated if the donee behaves ungratefully towards the donor?
The answer is yes—but only under clearly prescribed conditions.
Revocation of Gifts in BiH Legislation
The revocation of gifts is regulated by the General Civil Code (GCC), in paragraphs 946 to 954.
The general rule set out in paragraph 946 of the GCC is that a gift agreement cannot be revoked. However, the law provides exceptions to this rule in two key situations:
- Subsequent impoverishment of the donor (paragraph 947 GCC)
- Gross ingratitude of the donee (paragraphs 948 and 949 GCC)
If the donee seriously harms the donor’s feelings, dignity, or health—or commits any act that shows gross ingratitude—the donor has the right to seek revocation of the gift through the court.
What Does Case Law in the Federation of BiH Say?
These legal provisions are confirmed in the case law of the Supreme Court of the Federation of BiH, such as in Judgment No. 46 0 P 031509 14 Rev dated 28.02.2017, which states that a gift may be revoked if the donee has acted with gross ingratitude towards the donor—particularly in cases involving humiliating, threatening, violent, or severely inconsiderate behavior.
When and How to Initiate the Procedure for Terminating a Gift Agreement?
The procedure is initiated by filing a lawsuit before the competent court. It is necessary to prove:
- The existence of a gift agreement (or act of giving)
- Gross ingratitude on the part of the donee
- A causal link between the gift and the donee’s later behavior
Our Legal Assistance
Our law firm has experience in handling revocation of gift cases due to gross ingratitude. We assist with legal analysis, evidence gathering, litigation, and protecting the donor’s property.
If you have gifted someone real estate, money, or a valuable item—and that person is now behaving in an extremely unacceptable manner—you have the right to request termination of the gift agreement and reclaim the gifted property.
If you need legal advice and representation in a case involving the revocation of a gift agreement, you are in the right place. You can contact our lawyers directly by phone at (+387 62 423 413) or by email at info@partners.haracic.ba.
