Donation Contract – Draft of Legal Regulation

Monika Jurčová

In: Societas et iurisprudentia • 2016 • Volume 4 • Issue 1 • Pages 42-61 • ISSN 1339-5467

Abstract: The current legal regulation of the donation contract in the Slovak Civil Code does not reflect the requirements of the legal praxis. The need to draft the new provision on donation has been expressed in the relevant literature. The flaws of the current regulation have been outlined in the numerous academic papers. The author enumerates the basic principles of the envisaged regulation of donation based on the thorough analysis and the comparative work. The donation contract is concluded on the basis of parties’ agreement on gratuitous enrichment of the donee out of the donor’s assets. The gratuitous character of the contract is the reason to ensure the higher level of the protection for the donor. The donor does not only give away assets without remuneration, he has also right to influence the future of the gifts provided, therefore donation sub modo should become regular part of donation contract regulation. The donation in the Slovak legal order is a contract and therefore parties have rights and obligation and they are bound by the valid contract. The loosening of the contract bond and the certain modification of this bond may be based only on the agreement of parties or on the law; the sole fact of gratuitousness may not loosen their bond. The donee is obliged to be grateful to donor and the breach of this obligation may, at some extent, give rise to the remedies. On the other hand, the remedies for non-performance must reflect the gratuitous nature of the contract and the non-conformity of the gifts and default of the donor does not entitle donee to employ the remedies in whole range; there are some restrictions, but the standard of the conformity itself has not been modified. Finally, there is a need to support the social function of donation. The author introduces the draft of new donation contract provisions that respect the above-mentioned principles and explains the core novelties in comparison to the current legal order. New features in the legal regulation of donation are represented by the modifications of contract formation and of contract validity in relation to the mistake and the abuse of the donor’s disadvantageous position. The special attention has been paid to the revocation on the basis of the donee’s ingratitude and to the donor’s right to terminate the contract before its performance due to the change of circumstances and also due to the impoverishment of the donor and its possible legal consequences.

Key Words: Donation Contract; Draft of New Regulation; Donation Principles; Revocation of Gift; Variations of Donation; the Slovak Republic.

URL: https://sei.iuridica.truni.sk/archive/2016/01/SEI-2016-01-Studies-Jurcova-Monika.pdf

Bibliographic Citation

JURČOVÁ, M. Darovacia zmluva – návrh právnej úpravy. Societas et iurisprudentia [online]. 2016, vol. 4, no. 1, pp. 42-61 [cit. 2020-01-01]. ISSN 1339-5467. Available at: https://sei.iuridica.truni.sk/international-scientific-journal/archive/issue-2016-01/donation-contract-draft-of-legal-regulation/.