Darowizny z obowiązkiem spełnienia świadczenia w intercyzach zawieranych przed pierwszymi łódzkimi notariuszami (1841-1875)
Donations with an Obligation to Perform a Service in Prenuptial Agreements Concluded Before the First Łódź Notaries (1841-1875)

Summary/Abstract: The changes in personal and marital property law introduced in the Kingdom of Poland were not followed by reforms of the legislation concerning donations. Therefore, the provisions of the Napoleonic Code remained in force for several decades, regardless of the evolving nature of marriage. Some of these provisions raised concerns, particularly regarding the different types of donations, their nature, and the effects they produced. These regulations were of great practical significance, as in many cases donations made to the spouses-to-be constituted the foundation of marital property. Particular attention should be paid to donations of present assets that imposed on the future spouses, or on one of them, the obligation to fulfil a specified service or duty. The specific nature of these transactions provokes further insight into their classification either as conditional transactions (subject to the condition of service fulfilment by the spouses-to-be) or as belonging to the category of donations sub modo. This issue represents a significant element of the legal analysis of inter vivos transactions in the context of the property relations of future spouses.

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