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K BUDÚCEJ ÚPRAVE DAROVANIA

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Jurčová M.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

2014

vol. 97

issue 1

3 – 21

The article deals with the topic of donation in two substantial parts. In the first part, the author discusses on one hand the will and the motive of the donor of the gratuitous relationship and the gratitude of the donee on the other hand. The author argues that the expectations of the donor that the donee will be grateful may be just but they are not supported by law, because rules on donation do not contain gratitude as the donee´s obligation. If the grounds for revocation of donation by the donor were modified delege ferenda and the substantial breach of good morals was substituted by the new term “ingratitude” (similarly as in the new Czech Civil Code); in this case yes, donee´s obligation of gratitude towards the donor would probably become an implied obligation in donation relationship. The second part of article points out to the basic structural components of the donation contract in future Slovak Civil Code. Specific proposals of the author are based on three principles in donation: 1. pacta sunt servanda; 2. aequitas and gratitude; 3. legal certainty. At last, hesitation about introduction of revocation on the grounds of impoverishment was expressed and the author calls for broad public discussion on this point.

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1 Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

1 Jurčová M.

1 2014

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K BUDÚCEJ ÚPRAVE DAROVANIA