Szymon Solarski, Cancellation of a donation, Warsaw 2020, 278 p. – review
The subject of the review is S. Solarski’s book ‘Revocation of a donation’. The layout together with some theses presented by the author were analysed. Despite the shared view of the inadmissibility of donation’s revocation after the recipient’s death, a polemic was presented against the argument proposed by the author. It was agreed that the donation is not qualified as a causal act but the view that a donation should be considered a double effect agreement, as it allegedly leads to encumbrance of the ownership of the donated item with the right to revoke the donation due to gross ingratitude, was criticized. The review also disagrees with the opinion that requirement for the effectiveness of a donation is the existence of an animus donandi, that an unpaid pension is a donation, as well as de lege ferenda idea of introduction the ordinary written form as the principal form for the donor’s will, postulate to change art. 899 § 1 of the Civil Code, or the grant of a claim against the recipient for the provision of means enabling the implementation or supplementation of statutory maintenance obligations imposed on the donor also to persons entitled to maintenance by the donor.
 Tenenbaum-Kulig.pdf | 325 kB |
