How to Cancel a Donation (With and Without a Notary)

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Understanding Donation Revocation and Annulment

Donations are often termed as irrevocable, yet they inherently carry a degree of uncertainty.
Alongside the potential invalidity and annulment of a donation, similar to any other contract, there are instances where one can revoke a donation.
In certain circumstances, the donor or other interested parties may demand the return of the donated goods or their monetary equivalent.
However, merely changing one’s mind isn’t a sufficient condition for recovering the donation, as specific legal stipulations must be present.

Revocation and Annulment of Donations

Revocation and annulment of a donation are distinct concepts.
The revocation process is initiated by the donor or certain interested parties, such as creditors or heirs, but it is only applicable in exceptional situations and under precise requirements.
In these cases, it involves requesting the return of a gift that has been validly granted.

On the other hand, annulment pertains to donations that are tainted by errors or illicit actions, specifically compromising the essential elements of the donation—namely its form, content, and cause.

When Can a Donation be Annulled?

To understand when a donation can be annulled, one must differentiate between void and voidable donations.
Void donations possess serious defects, rendering them ineffective from inception, allowing anyone to contest their validity.
Voidable donations, while having less severe issues, can only be challenged by interested parties within a specified timeframe.

Essential elements include: Form: a public deed, except for low-value donations.
Content: transferring property or rights without compensation.
Cause: the “animus donandi,” the free and willing intent to enrich the recipient.

Revocation Scenarios

A donation can be revoked by the donor if the recipient displays ingratitude or if the donor has subsequent children (within five years).
Ingratitude manifests in grave situations, such as attempted murder or severe insults.
Notably, remuneration donations or those tied to marriage are irrevocable under such circumstances.

Process of Annulling a Donation

Whether in cases of nullity or voidability, court involvement is essential to annul a donation.
This requires submitting an application through a legal representative, possibly through pro bono representation.
Similarly, revocation typically necessitates a tribunal, unless both parties consent to dissolve the agreement, in which case a notary is required to amend the public deed.

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