Contract of Donation with a Focus on the Return of the Gift

Contract of donation may be considered as one of the most common contractual type of the civil law that everyone can meet in everyday life. On the opposite its present legislation in the Civil Code represents one of the briefest ones in comparison with other contracts regulated there. Not only for this reason problems while interpretation appear, especially with respect to the special legal institute of return of the gift which gives the donor the right to revoke the gift under certain circumstances. The aim of this thesis is to provide its reader the comprehensive view of the contract of donation and subsequently return of the gift itself not only from the viewpoint of the civil theory but also from the perspective of judicial practice when it is impossible to dispense with it given the concise legislation. It is not an easy objective particularly when it comes to the institute of the return of the gift that is defined in only one provision of the Civil Code which provoked just from the beginning of its existence a number of consideration and discussion among professional public over some controversial matters; there is no need to mention that suggested solutions diverge. Then there is also important role of practice of the courts that attempts to interpret the undefined terms, but it is similar as..