Gloss to the judgment of the Supreme Court of 10 August 2017, II CSK 871/16

Abstract

In the commentary, the author considers the possibility of cancelling (revocation) the donation agreement of real estate due to gross ingratitude of the donee (a wife of the donor, Article 898 § 1 of the Civil Code). He analyses the notion of “ordinary” and “gross ingratitude” which represents the donee. He points that as the doctrine and judiciary admit, gross ingratitude is an ambiguous notion, which may comprise such behavior as marital betrayal or failure to inform a husband that he is not the father of a child. It is also said that after the conclusion of the donation agreement, which includes donandi causa, the donee owes an ethical duty to be grateful to the donor. However, this obligation may sometimes be eliminated or at least limited when donee’s gross ingratitude results from the donor’s blameworthy behavior (an example may be the abuse of the donee). In the author’s opinion, the donation agreement of a real estate may sometimes serve as a mean of compensation for emotional harm (“compensatory donation”).