What is a gift and what is not a gift? There is a fundamental difference in this

The new civil law regulates the donor’s contract and the donation as such. What bag can be considered a gift and what cannot? And what are the conditions of a gift and a so-called social servant, who at first glance looks like a gift?

As a response to lnekNow you can now donate a colonel from your future property to the editorial office wrote the following:

“After five new rules, it is not clear to me whether, for example, wedding gifts, gifts from Poland, for birthdays and Christmas are a gift contract, or it is only a social servant, it is clear that the parties do not want to marry. Nowhere have I found how a social servant is defined as to whether the possibility of revocability is valid. ”

We explained the lawyer Petr Ustek from the Department of Civil Law of the First Faculty of Charles University in Prague.

Darovn versus spoleensk hearing

At first glance, it might seem that there are only two named units. The differences are there. ”The donation is transferred to the property of someone else free of charge, with his consent,” describes Petr ustek. According to the new civil law, this is the first act, even in the case where the donor contract is concluded only by the wall.

A social servant, for example, when you donate a well-known ring for graduation, on the other hand, is not the first act.

The new civil law describes the first and duties of the crusher and the recipient in great detail. It clearly separates only the social servant, who is not a donor, because in the given case there is no party (holder and the recipient) to get a contract (conclude a contract).

“Social servants, by their nature, do not usually also represent property value,” the decision of the Supreme Court quotes the first. According to the first theory, in the cases of social servants, these are manifestations of a non-first nature, which thus have consequences only in the moral world. Unlike the act of donation.

“Although the law stipulates that the social servant is not a donor, it may not specify it in which specific cases it will be involved. A clear answer to this question will therefore be provided by the court and will be decided in the future,” added Petr Ustek, a civil society specialist.

The difference between a giver and a social servant is important in cases where you want to withdraw a gift.

Dismissive gift for ungrateful and material need

You can cancel your gift in several precisely described cases. One of them is ungrateful to the recipient. For example, when a daughter and her family stop hanging out with her father, who donated a new apartment to her. ” gift for nevdk lawyer Petr ustek.

It is possible to revoke a gift for one’s own material need. For example, if a mother goes into personal bankruptcy, loses his income and does not have a pension or food, he can subsequently withdraw his gift of fifteen meters of the yacht, which he donated to his son two years ago.

Promise yourself so sweat

It is necessary to pay attention to the promise of a gift. For example, when you give up your aunt, donate a tractor, your aunt will build a beautiful one, and you will reconsider your donation. ” donate a tractor, ”said Petr Ustek.

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