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revocation came to the donor’s attention. If the donor dies before the end
of this one-year period, his right of revocation passes to his heirs and his
heirs may use this right until such term terminates.
In the event the donor did not learn the occurrence of revocation
reason in his lifetime, his heirs may use the right of revocation within one
year starting from the death of the donor.
The donor’s heirs may revoke the gift if the recipient willfully and
unlawfully kills the donor or prevents him from exercising his right of
revocation.
Unless otherwise provided, gifts that include only periodic
performances shall terminate with the death of the donor.
Conclusion
The Gift Agreement, regulated between Articles 285 and 298 of the
TCO, is an agreement in which the donor grants his assets
inter vivos
to
enrich another without receiving any equivalent consideration.
The validity of a promise to give is dependent on whether or not the
agreement is concluded in writing. Moreover, a promise to give title or
rights in rem to immovable property is valid only if done in an official
form.
The donor will not be liable for damage to the gift unless it has been
caused by the gross negligence of the donor.
The donor may, upon the occurrence of some of the circumstances
stipulated under the law, revoke the gift, and may request the return of the
object given in the amount equal to the enrichment of the recipient.
The donor may use his right to revoke within one year commencing
from the day on which the grounds for revocation came to the donor’s
attention.