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OB REMEDIUM ANIMAE NOSTRAE. MOTÍVY SPÁSY V NAJSTARŠÍCH DONAČNÝCH LISTINÁCH PRE UHORSKÉ BENEDIKTÍNSKE KLÁŠTORY

100%
Druga M.
Studia Historica Nitriensia
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2021
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vol. 25
|
issue 2
315 - 330
EN
The study examines motives of salvation, which were noticed in charters of foundations of Benedictine monasteries, later in charters that recorded donations for monks of these monasteries in medieval Kingdom of Hungary from the 11th to 13th century. In the work, I deal with textual variants that concern the motives of redemption of the donor´s souls, the content of devout donations and finally the historical background and circumstances under which the rulers, clergy and nobility came to a decision to endow monasteries. Rather generally formulated motives of salvation appear in less numerous sources from the 11th century followed by data on the content of donations. Since the beginning of the 12th century, the sources have given an insight into the broader historical context of formation of these pious motives.
2

K BUDÚCEJ ÚPRAVE DAROVANIA

75%
Jurčová M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2014
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vol. 97
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issue 1
3 – 21
EN
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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