A gift is a contract that imposes obligations on one side only. As a rule, it imposes no legal obligation on the recipient, who owes only a moral duty of gratitude for the donor\u2019s generosity. That duty becomes a legal obligation to provide maintenance only if new circumstances arise: the donor falls into need and asks the recipient for support. The need must be lasting rather than occasional: the donor must be unable to support themselves from their own funds and assets.<\/p>\n
If the recipient fails to fulfil what has now become a legal obligation, the donor may seek revocation of the gift under Article 227(1)(\u0432) of the Bulgarian Obligations and Contracts Act (\u0417\u0417\u0414). The claim rests on culpable conduct by the recipient: ingratitude shown by refusing to provide maintenance that the donor needs.<\/p>\n
The Act does not define the \u201cneed for maintenance\u201d which, together with the recipient\u2019s refusal, triggers the consequence laid down in Article 227(1)(\u0432). The donor may lack the funds to meet any of a range of needs, such as food, clothing, utilities or medical treatment. The need may also be for personal care or assistance, including help from a carer.<\/p>\n
For this reason, legal scholarship and settled case law on claims for revocation of gifts treat the donor\u2019s need for maintenance as a question of fact in each case. The court must take into account the donor\u2019s personal circumstances, living and healthcare needs, individual requirements and social environment, as well as economic conditions in the country. How long the donor has needed support beyond their own means also matters in determining whether the need is lasting. The donor must first make that need known by expressly asking the recipient to provide maintenance.<\/p>\n
This article is not a legal opinion or advice on any particular situation or person. For help with an individual case, consult a civil lawyer specialising in family and succession law.
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