A gift agreement in modern civil law through the prism of an analysis of its substantive sides

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This article examines in detail the complex contractual structure of donation, which provides for an impressive set of legal and technical means in its extensive subject tools, mediating not only the transfer of property into ownership, but also the commission of various legally significant actions to transfer the rights of claims or release from property obligations. In the course of the study, the question of the relationship between the subject and the object of the gift agreement, mixed by the legislator in the design of the gift, is raised. Attention is also focused on the incorrectly established judicial practice regarding whether it is necessary to accompany the gratuitous issuance of a promissory note with a gift agreement under threat of invalidation of the relationship, where the court made the issuance of a promissory note dependent on the commission of civil law transactions, which, of course, contradicts the abstract nature of the design of the promissory note itself, since its legal essence does not need to to prove the grounds for his extradition. In addition, the study makes a detailed comparison with the donation agreement of such related legal structures in the form of gratuitous debt forgiveness, debt transfer, singular succession, and waiver of a claim.

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Donation, assignment of rights, transfer of debt, debt forgiveness, obligation, object of contract

Короткий адрес: https://sciup.org/140306371

IDR: 140306371   |   DOI: 10.52068/2304-9839_2024_69_4_109

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