1896de Book2 Chapter07 Title02

GERMAN CIVIL CODE OF 1896

• Based on the English Translation by: Wang, Chung Hui (1907). The German Civil Code, translated and annotated with historical introduction and appendices. London: Stevens and Sons. [available on Archive.org]

BOOK II. Law of Obligations.

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Chapter VII. Particular Kinds of Obligations.

Title II. Gift.

Section 516.

• [I] A disposition whereby a person out of his own property confers a benefit on another is a gift, if both parties agree that the disposition is made gratuitously.
• [II] If the disposition is made without the consent of the other party, the person making it may demand him to declare whether or not he will accept it within a fixed reasonable period. After the expiration of the period the gift is deemed to have been accepted, unless the other party has declined it within the period. If the gift is declined, the return of what has been given may be demanded under the provisions relating to the return of unjustified benefits.

Section 517.

• It is not a gift if a person for the benefit of another abstains from acquiring any property, or relinquishes a right accruing to but not yet finally vested in him, or disclaims an inheritance or a legacy.

Section 518.

• [I] For the validity of a contract whereby an act of performance is promised gratuitously, judicial or notarial authentication of the promise is necessary. If a promise of debt or an acknowledgment of debt of the kind specified in 780, 781, be made gratuitously, the same rule applies to the promise or the declaration of acknowledgment.
• [II] Any defect of form is cured by the performance of the promise.

Section 519.

• [I] A donor is entitled to refuse fulfilment of a promise made gratuitously in so far as, having regard to his other obligations, he is not in a position to fulfil the promise without endangering his own maintenance suitable to his station in life or the duties to furnish maintenance to others imposed upon him by law.
• [II] If the claims of several donees conflict, the claim which first arose takes priority.

Section 520.

• If a donor promises a subsistence consisting in periodical payments, the obligation is extinguished on his death, unless a contrary intention appears from the promise.

Section 521.

• A donor is responsible only for wilful default and gross negligence.

Section 522.

• A donor is not bound to pay interest for default.

Section 523.

• [I] If a donor fraudulently conceals a defect of title, he is bound to compensate the donee for any damage arising therefrom.
• [II] If the donor has promised to give an object which he must first acquire, the donee may demand compensation for non-fulfilment on account of a defect of title, if the defect was known to the donor at the time of the acquisition of the object or remained unknown on account of gross negligence. The provisions of 433, par. 1, 434 to 437, 440, pars. 2 to 4, and 441 to 444, applicable to a seller's duty of warranty apply mutatis mutandis.

Section 524.

• [I] If a donor fraudulently conceals a defect of quality in the thing given, he is bound to compensate the donee for any damage arising therefrom.
• [II] If the donor has promised to give a thing designated only by species, which he must first acquire, and if the thing given was defective, and the defect was known to the donor at the time of acquiring the thing, or remained unknown on account of gross negligence, the donee may demand that in place of the defective thing one free from defect be furnished to him. If the donor fraudulently concealed the defect, the donee may demand, instead of delivery of a thing free from defect, compensation for non- performance. The provisions applicable to warranty against defects of quality in a thing sold apply mutatis mutandis to such claims.

Section 525.

• [I] A person who makes a gift subject to a burden may demand the execution of the burden, if he on his part has executed the gift.
• [II] If the execution of the burden is of public interest, after the death of the donor the competent public authority may also demand its execution.

Section 526.

• In so far as in consequence of a defect of title or of quality in the thing given, the value of the gift does not cover the outlay necessary for the execution of the burden, the donee is entitled to refuse execution until the deficiency caused by the defect is made up. If the donee executes the burden in ignorance of the defect, he may demand from the donor compensation for any outlay incurred in the execution, in so far as such outlay, in consequence of the defect, exceeds the value of the gift.

Section 527.

• [I] If the execution of the burden remains unperformed the donor may, under the conditions specified for the right of rescission in the case of mutual contracts, demand the return of the gift under the provisions relating to the return of unjustified benefits in so far as the gift ought to have been applied to the execution of the burden.
• [II] This claim is barred if a third party is entitled to require the execution of the burden.

Section 528.

• [I] Where the donor, after the execution of the gift, is not in a position to maintain himself in a manner suitable to his station in life, and to fulfil the statutory duty to furnish maintenance imposed upon him in favour of his relatives by blood, his wife, or his former wife, he may demand the donee to return the gift under the provisions relating to the return of unjustified benefits. The donee may avoid the return by payment of the sum necessary for such maintenance. The provisions of 760 and the provision of 1613 applicable to the duty of furnishing maintenance to relatives by blood, and, in case of the death of the donor, the provisions also of 1615 apply mutatis mutandis to the obligation of the donee.
• [II] Among several donees a prior donee is liable only in case a subsequent donee is not bound.

Section 529.

• [I] The claim to the return of the gift is barred if the donor has brought about his poverty wilfully or by gross negligence, or if at the time of his impoverishment ten years have elapsed since the delivery of the object given.
• [II] The same rule applies if the donee, having regard to his other obligations, is not in a position to return the gift without endangering his own maintenance suitable to his station in life, or the fulfilment of the duties to furnish maintenance to others imposed upon him by law.

Section 530.

• [I] A gift may be revoked if the donee renders himself guilty of gross ingratitude by any serious misconduct towards the donor or a near relation of the donor.
• [II] The right to revoke belongs to the heir of the donor only if the donee has wilfully and unlawfully killed the donor, or T prevented him from revoking.

Section 531.

• [I] Revocation is effected by declaration to the donee.
• [II] If the gift is revoked its return may be demanded under the provisions relating to the return of unjustified benefits.

Section 532.

• The right to revoke is barred if the donor has forgiven the donee, or if a year has elapsed since the time at which the person entitled to revoke had knowledge of the occurrence of the facts giving him such right. After the death of the donor revocation is no longer permissible.

Section 533.

• The right to revoke may be waived only after the ingratitude has become known to the person entitled to revoke.

Section 534.

• Gifts which are made in compliance with a moral duty or the rules of social propriety are not subject to recall or revocation.