February 14th in a number of countries has a pronounced romantic component. But what if the romantic relationship is over? Are the gifts refundable? 

The Italian Supreme Court had to deal with such issues in its ruling No. 18280 dated September 19th, 2016.

The man went to court to get the return of thirteen pieces of art (including some works by famous authors) that he gave to his fiancee on the occasion of Valentine’s Day and International Women’s Day during their romantic relationship, which then ended.

According to the court’s findings, some of these gifts should be qualified as an “act of generosity” (“liberalità d'uso”) under article 770 of the Italian Civil Code, so they are not donations and are non-refundable. At the same time, the court drew attention to the fact that it is necessary to take into account the existing relations between the parties and the social status of each of them.

Based on this, the court recognized the woman’s right to retain the art objects donated to her, including works by Klimt, Klee and Man Ray.

The fate of other gifts, that is, Picasso paintings with an estimated value of 600,000 euros and a diamond weighing 13 carats turned out differently. The Italian Supreme Court confirmed the decision of the appellate instance and did not recognize these gifts as an “act of generosity”, since they were made as a sign of reconciliation between the parties. According to the court’s position, in this case the gift entailed a significant reduction in the donor’s property, therefore it requires the form provided for in article 782 of the Italian Civil Code. Thus, the Italian Supreme Court qualified this gift as a very valuable donation that does not fall within the scope of Article 770 of the Italian Civil Code.

As it can be seen, gifts on February 14th may become the subject of legal proceedings. Interested parties should consider the relevant legal risks.