I’ve given immovable property (an apartment) to my relative as a gift in 2005, but prior to that received a mortgage loan, which was secured by husband’s property. At the moment I’m unable to pay the loan, so probably the bank will sell the pledged property of my husband through auction. I’m afraid the money received from the sale of the pledged property won’t suffice to fully satisfy the debt, and the bank, knowing about the gift I made, will demand satisfaction of the debt from the apartment gifted to my relative.

Most likely the creditor refers to Section 1927 of the Civil Law, according to which, a property is considered to be donated only insofar as the donor’s debts have been deducted from it. In cases where a donor is unable to pay the debts outstanding at the time of making the gift, not only may the creditors demand satisfaction from the donor’s gift, but also the donor may himself or herself demand from the donee the return of the portion of the gift necessary for the payment of these debts. An agreement between the donor and the donee that the latter is not liable for the debts of the former is only in effect as against the creditors if the creditors have consented to it. Therefore the actions of the bank might be considered legal. However, the abovementioned Section is included in the “Gift of entire property”, a sub-chapter in the Civil Law, as a result there’s also a completely different view of the situation. Some lawyers insist that a creditor is unable to demand satisfaction if the gift consists only of one particular property, i.e. not the entire property of the donor. Considering aforementioned, resolution of this situation is within the competence of the court only.