Објективни елемент уговора о поклону
Donation Contract: The Objective Element

Summary/Abstract: The objective element of a donation contract has a great theoretical and practical importance because it is a distinctive indication of donation. It is the boundary between market-oriented transactions and transactions designed to fulfill other sorts of needs and goals. The concept isintuitively simple: the donor gives something away and receives nothing in exchange. Yet, legal systems are rarely able to define the idea clearly. The objective element is usually described using the concept of gratuitousness: an absence of consideration (in Common Law), a lack of equivalence (in French law); no causal link between performances(in German law). The second approach to describing the objective element isto look at the effects of donation: the donor gets poorer and the donee gets richer (in Roman law). Problems arise when contract does not produce expected results: the donor may also benefit from the donation while the donee might sustain some loss. The first concept is too broad; the second is too narrow. There are additional difficulties with the perception of reward, donation for a special purpose, donation with charge, gratuitous supply and waste disposal. Some of these concepts are discussed in the Draft Common Frame of Reference (DCFR) and presented in this paper. The knowledge from related sciences (sociology, anthropology, psychology) may be extremely valuable for lawyers dealing with these issues.

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