(1) The claim to have the gift returned is excluded if the donor has brought about their indigence by intent or gross negligence or if, at the time of onset of their indigence, 10 years have passed since the donated object was provided.
(2) The same applies to the extent that the donee, taking into account their other duties, is incapable of returning the gift without jeopardising the maintenance suitable to their station in life or the discharging of the duties of maintenance incumbent upon them by operation of law.