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LAW OF OBLIGATIONS
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The authority to request the fulfillment of a proviso shall pass to the
competent public authority if the proviso is placed in the agreement for
public interest. The recipient may refuse to fulfill the proviso if the value
of the gift does not cover the expenses occasioned by the proviso and he
is not reimbursed for the shortfall.
The donor may set a condition stating that the object given shall
revert to him in the event that the recipient dies before he does. If the
gift is related to an immovable property or rights in rem to immovable
property, the reversionary right may be annotated in the land register.
Furthermore, a person who proposed to give an asset to another person
may revoke the gift proposal until the intended recipient has accepted,
even if he separated the asset from his other assets de facto.
In accordance with TCO Article 294, the donor shall not be liable for
loss of or damage caused to the gift unless he causes this loss or damage
by gross negligence. If the donor has further given a warranty promise
concerning the object or credit to be bestowed, he shall be liable for this.
Annulment of Gifts
Articles 295 to 298 of the TCO regulate the annulment of gifts. The
donor may, upon the occurrence of one of the following circumstances,
revoke the gift, and request return of the object given in the amount equal
to the enrichment of the recipient:
1. If the recipient has committed a serious criminal offence against
the donor or a person close to him;
2. If the recipient has significantly violated his duties arising from
the law towards the donor or any one from the latter’s family;
3. If the recipient has failed without good cause to fulfill the provisos
attached to the gift.
If it is determined that the donor who has made a promise to give has
difficulty paying or declared bankruptcy, then the obligation to perform
shall cease to exist.
In compliance with Article 297 of the TCO, the donor may revoke the
gift within one year commencing from the day on which the grounds for