Abstract
Presented monograph deals with the ancient legal institution of donation and its modalities in private law as such, and that also with respect to its recent recodification. The donation represents asynallagmatic contractual obligation, the essence of which is voluntary and free act of donation, which follows the increase of donee's property.
Recodification of civil law brought about changes in the donation and raises new questions (theoretical and practical) associated not only with new modalities of donation contract, but also with new provisions on donator's autonomy, especially by defining its contours in special life situations. The work is conceived as a thorough, comprehensive, critical legal analysis of the current Czech legislation on donation obligation, set in the context of the whole Czech legal order and enriched by comparison with selected continental foreign legal systems that have or may have some relevance to new national legislation (Austria, France, Italy Romania, Spain, the Netherlands, Switzerland and some others such as Québec).
The work on many places has to deal with applicability of current case law and aims to indicate applicable jurisprudential tendencies taking into consideration some interesting decisions of foreign courts. The mission of the habilitation thesis is thus the most comprehensive assessment of whether the new Czech legislation of the donation contract stands comparison with the other European legislations (contained in civil codifications with much longer tradition).
The question is whether in some ways it is overcoming them via its progressive or liberal approach, or conversely, whether is behind with some of very recent Civil Codes (Romania, Québec, Netherlands).