Acts of generosity are not uncommon in Thailand. Grateful Farangs (foreigners) almost always show their appreciation by giving gifts or promises thereof to their fortunate and worthy beneficiaries. However, problems arise when the friendly relationship between the donor (donor) and the donee (recipient) turns sour. This, in most cases, is followed by the following stakeholder question: Can I demand the return of gifts I have given?
Fortunately, Thai law has specific provisions governing this dilemma that is very likely to occur. Giving gifts is a contract. This means that both parties have mutual rights and obligations and failure to comply may be grounds for termination. I know you are interested in whether the termination will result in the gifts being returned. Since we are talking about legal jargon, the answer, of course, is: it depends.
A gift can be revoked and withdrawn only in special circumstances. These circumstances share the basic concept of ingratitude. Unfortunately, the law only considers three specific cases of ingratitude as grounds for revocation. In the first place, the donee has committed against the donor a serious crime punishable in the Penal Code. Second, the donee has grossly defamed or insulted the donor. Finally, the donee, able to provide assistance, has refused to help the donor who needs the basic necessities for his existence.
If you are certain that the recipient of the gift has committed any of these acts of ingratitude, you must act immediately because time is of the essence. The law only gives you six months to revoke and withdraw the gift from the moment the act of ingratitude has come to your attention. In addition, it is imperative that the donee has not been acquitted, otherwise the revocation is no longer viable. If ten years have passed since the act of ingratitude was committed, the law will tell you to just forget it.
However, in cases where the gifts are purely remunerative, taxed with a charge, made in compliance with a moral duty or in consideration for marriage, revocation is not allowed. I know fellow “fiancées” whose betrothal has gone wrong are interested in whether or not they can get back the wedding gifts they dispensed, however this matter is governed by a separate statutory provision and needs another article for discussion.
However, it is worth emphasizing that any legal dilemma should first be consulted with reputable and accredited lawyers in Thailand before taking any action – a prudent course of action in all jurisdictions.