REVOKING THE DONATION DUE TO GROSS INGRATITUDE OF THE DONEE IN THE POLISH CIVIL LAW

Tomczyk, A.
Abstract:
The purpose of this article was to analyse the premises of gross ingratitude, allowing the donor to revoke their donation pursuant to the provisions of the Polish Civil Code. The term "gross ingratitude" is an indeterminate phrase referring to moral norms and leaving it to the court to establish whether the particular conduct of the donee justifies the donor revoking the donation. The fact that the deed of donation is very often used in the legal practice - especially in family relationships, as a manifestation of altruism and an expression of gratitude for kindness - confirms the accuracy of the issue discussed in the article. The basic method used for the analysis of the presented issues was the dogmatic method of the Polish Civil Code, with reference to the literature and judicial practice. In addition, the elements of the comparative legal method have been applied, within the scope of the institution of German and French law - considered to be the most relevant for Polish solutions, as well as the elements historical and legal method. One of the most significant conclusion is that attributing the features of gross ingratitude to the conduct of the donee relies on determination whether it has been intended - and thus culpable. Secondly, it is only the conduct of the donee that is assessed in terms of gross ingratitude, not the conduct of the people representing the donee. Thirdly, such conduct may consist in both act and omission having occurred only in the period between the donation was made and revoked by the donor. Fourth, the conduct of the donee directly aimed against the person close to the donor, at the same time indirectly affecting the benefactor themselves, may give rise to the donation being revoked, provided that it is justified by the emotional bond between the donor and the third party. Fifth, the court's assessment of the donee’s conduct should cover various aspects, meaning that the global assessment of such conduct should include, in particular, the intentions and motives of the donor, the reasons for the existing conflict, as well as own conduct of the donor and the persons outside the legal relationship of the donation, should their conduct have affected the relationship between the parties to that agreement. The above conclusions should have an impact on both the consolidation of the views presented by the representatives of civil law science and the judicial decisions.
SGEM Research areas:
Year:
2018
Type of Publication:
In Proceedings
Keywords:
Polish civil law; contract of donation; revoking the donation; donor; donee; gross ingratitude
Volume:
18
SGEM Book title:
5th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2018
Book number:
1.2
SGEM Series:
International Multidisciplinary Scientific Conference on Social Sciences and Arts-SGEM
Pages:
757-764
Publisher address:
51 Alexander Malinov blvd, Sofia, 1712, Bulgaria
SGEM supporters:
Bulgarian Acad Sci; Acad Sci Czech Republ; Latvian Acad Sci; Polish Acad Sci; Russian Acad Sci; Serbian Acad Sci & Arts; Slovak Acad Sci; Natl Acad Sci Ukraine; Natl Acad Sci Armenia; Sci Council Japan; World Acad Sci; European Acad Sci, Arts & Letters; Ac
Period:
26 August – 01 September, 2018
ISBN:
978-619-7408-62-1
ISSN:
2367-5659
Conference:
5th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2018, 26 August – 01 September, 2018
DOI:
10.5593/sgemsocial2018/1.2/S02.100
Hits: 1369