You prove that the money actually passed from your assets to the other party; you do not have to prove the absence of a reason for them to keep it. Anyone claiming the payment was a gift must prove that the donor intended to give the money without consideration. If no gift or other legal basis is established, the payment is unjust enrichment and must be returned. Evidence of the parties' intentions therefore decides the dispute, which is why loans should be documented.
You lent money to a friend or relative by bank transfer, without an agreement: you trusted each other. When repayment is due, you hear that there was no loan and that the money was supposedly a gift. Such a dispute is decided by who meets the burden of proving their assertions, rather than who sounds more convincing.
What you prove and what the other party proves
As claimant, you prove the movement of assets: that the sum left your account or your hands and was received by the other party. For a transfer, a bank statement will usually suffice. You do not have to prove the absence of a legal basis on the recipient’s side. In principle, the continuing non-existence of something is not proved, because nobody can fairly be required to prove that something does not exist. The Slovak Supreme Court confirmed this negative proof theory in its order in case 6 Cdo 81/2010.
The burden then shifts: if the other party argues that the payment had a legal basis, such as a gift, remuneration or repayment of an old debt, they must prove that basis.
A gift requires an intention to give
Under a donation agreement, the donor gives or promises something to the recipient free of charge, and the recipient accepts the gift or promise.
— Section 628(1) of the Civil Code (unofficial English translation)
A gift of money does not have to be in writing. For movable property, the Civil Code (Act No. 40/1964 Coll.) requires writing only if the item is not handed over and received when the gift is made (Section 628(2)). What matters is something else: a gift rests on a proven intention by the donor to part with assets without consideration. The money transfer alone does not prove that intention. The other party must offer something more, such as witnesses or communications demonstrating an intention to give. Without that, a gift defence will fail.
A loan does not need paper either, but it needs proof
Under a loan agreement, the lender transfers fungible things, particularly money, to the borrower, who undertakes to return things of the same kind after the agreed period.
— Section 657 of the Civil Code (unofficial English translation)
An oral loan is valid too; its weakness is evidential. If you can substantiate the repayment agreement through messages, witnesses or the other party’s voluntary partial repayments, you have a loan basis and a claim to the balance. If the proceedings establish neither a loan nor a gift, the payment remains without a legal basis: this is unjust enrichment, which the recipient must return (Section 451 of the Civil Code). The money will therefore generally be returned even then, but watch the short limitation periods discussed in limitation of unjust enrichment claims.
How to document a loan
The least expensive evidence is created when payment is made. State in the transfer reference that the payment is a loan and, if appropriate, when it must be repaid. For larger sums, obtain at least a short signed confirmation of the loan or later an acknowledgment of debt with an instalment schedule. Hand over cash in front of a witness. Take care with your own wording too: messages such as ‘no rush, think of it as help’ will later assist the other party, rather than you.
How we can help
We assess the evidence and prepare the claim and questioning through court representation. If you cannot establish a loan, we pursue the claim as unjust enrichment. While the parties are still talking, we prepare an acknowledgment of debt and instalment schedule, which often prevents a later dispute altogether.
If someone owes you money and starts talking about a gift, contact us before the evidence disappears into old phones.
This answer provides general information on the law as at 5 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.
