Our relationship has been good so far. But six months ago she got married.
The last time, when my granddaughter and her husband came to “relax in nature,” the husband, in a drunken state, began to behave aggressively and rudely towards me – they say that his wife is the mistress of the house, and I am nobody. He even pushed me several times!
I kicked them out and warned my granddaughter that if something like this happens once more, I will revoke the deed of gift. Do I have the right by law to cancel the gift agreement or make some adjustments to it if such a disgrace repeats?”
Santa Terekhina, sworn notary of the Riga District Court:
– The gift agreement can be terminated in two ways: by mutual agreement of the parties or through the court.
The exception is cases if the basis for concluding a gift agreement was gratitude – that is, a certain valuable thing was donated as gratitude for some act that the recipient performed in relation to the donor: in this case, it is impossible to terminate the gift agreement.
If it is not possible to reach an agreement between the donor and the recipient regarding the termination of the contract, then the donor may try to revoke the contract through the court.
However, in this case, the donor will need to present to the court irrefutable evidence that the recipient has shown black ingratitude towards him, the donor.
Judging by the situation described, it was not the granddaughter herself who showed ingratitude towards the grandmother (donor), but her husband. However, the granddaughter did not take any active actions to protect the donor (grandmother).
Thus, she showed ingratitude in another way – through her passivity, her inaction, and this the court may well interpret as her complicity in the actions of her husband.
But – let me emphasize – it is the grandmother who will have to prove in court the facts of the black ingratitude shown towards her. Therefore, in the event of the use of physical, moral or any other type of violence, documentary evidence will be needed – medical certificates, witness statements, etc.
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2024-05-13 10:29:11