[eu]cite

Home› Civil Code & Private Law› BGB (EN)

Book 2 · Law of obligations  ›  Title 4 · Donation › Section 528

Claim for return due to impoverishment of the donor

(1) To the extent that the donor, after fulfilment of the condition, is incapable of maintaining themselves reasonably and to meet the maintenance obligation incumbent upon them by law in relation to their relatives, spouse, life partner or previous spouse or life partner, they may demand surrender of the gift from the donee in accordance with the provisions on the surrender of unjust enrichment. The donee may avoid surrender by paying the amount required for maintenance. The provision of section 760 and the provision applicable to the maintenance obligation of relatives under section 1613, and in the case of the death of the donor also the provision of section 1615, apply accordingly to the duty of the donee.

(2) Among more than one donee, the earlier donee is liable only to the extent that the later donee is not obliged.

←→ also move between sections