Abstract
Recodification of private law has also brought about changes in the field of donation and raised new questions related to the content and possible arrangements for donation agreement. What is the nature of command in the donation agreement? To which sphere can be directed and how it shall be conceived so that it does not represnt in terms of donation unwanted property performance? How can one make the donation conditionned, is it possible to restrict the recipient via prohibition of any alienation? What other secondary clauses and reservations are conceivable in the donation contract? May the donor want the donation back, if the donee dies before the donor? These and other questions are now in the context of the new regulation considered.
Besides the donation in mortis causa (now explicitly stipulated), there are other modalities of donation. Secondary arrangements and clauses in the donation agreement may be numerous to the extent to which the principle of contractual freedom applies.
However, in practice, the most frequent ones are three secondary clauses, although attention will also be paid on some other. It is a donation with determined purpose, donation under condition (conditionned donation) and donation sub modo.
In terms of its economic goal these arrangements are similar and often follow the same purpose. The difference lies rather in their legal qualification, i.e. in the legal regime applied on them, and also as regards the legal consequences in case of non-compliance with the relevant secondary clauses.