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Reverse clause and its use in Czech notary practice

Publication at Faculty of Law |
2020

Abstract

The reverse clause is a secondary arrangement that we most often encounter in gift contracts. This is because the donation of larger property values leads to a longer-term fixation of property relations in the family or among other relatives.

If the donation is not revoked, the legal conditions are usually set in this way until the end of the life of the donors and the recipients with the prospect of further legal succession. And it is the awareness of the transfer of donated property to other persons other than the recipient that can be of concern to the donor for many reasons.

The starting point is therefore the idea of a kind of transfer of the donated property back to the sphere of the donor, if the recipient dies during the life of the donor. Civil law should provide at least some guidance or a general answer to similar questions.

It should design mechanisms that allow for the maximum fulfillment of human desires and desires while minimizing the unwanted effects of possible future force majeure. The purpose of this paper is to draw attention to one of the mechanisms, the incorporation of which into donation agreements can often be practical.