Abstract
The conceptual sign and the essential requirement of donation is undoubtedly the gratuitous nature of the gift agreement. Generally speaking, gracefulness means the absence of any consideration that would have a property reflex.
Determining whether there is an asset in a bilateral legal transaction, and then assessing whether the contract is for consideration or free of charge, however, depends primarily on the manifestation of the will of the contractors. The moment for the conclusion of the contract should be the decisive factor for the qualification of the free of charge.
If a contract (a purchase, an exchange or anonymous) was concluded with an agreed price (the price) whose payment (fulfillment) would later be forgiven by the seller, it would not have been possible without a further ex tunc for the gift agreement (but the parties could certainly proceed to the content modification of the obligation - see § 1901 et seq.). The very waiver of payment of the purchase price by agreement between the parties for donation but already considered as possible.