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Revocation of donations in Italy

How to revoke a donation under the Italian Civil Code

Revocation of donations in Italy

 

 

 

 

 

 

 

 

Pursuant to Article 800 of the Italian Civil Code, the donation may be revoked for ingratitude or when the donant doesn't have or ignored to have children.

The action for revocation for ingratitude can be brought when the donee has committed one of the following facts:

- he has voluntarily killed or attempted (or partecipate) to kill the donor, his descendant or ascending;

- he has denounced the donor, his descendant or ascending for offenses punishable with life imprisonment or imprisonment for a period not less than the three years, if the complaint has been declared libelous in criminal proceedings, or he has testified against these person for these offenses and the witness was declared false in criminal proceedings;

- he was declared guilty of serious injury to the donor or has willfully caused material damages to his assets

- he has refused alimony to the donor.

The revocation for ingratitude must be brought by the donor or his heirs, against the donee or his heirs, within one year from the day when the donor is aware of the fact that allows the revision.

If at the time of donation the donor had not or didn't know to have children or legitimate descendants, he can revoke the donation. He can also revoke the donation for recognition of a natural child.

In these last cases, the action for revocation must be brought within five years from the day of birth of the last child or descendant or the news of the existence of legitimate child or descendant, or the recognition of the natural son.

Published on 17 September 2013

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