Darovací smlouva a problematika povahy vrácení daru

The institute of gift, or gift certificate, is a legal institute that has been evolving - without any exaggeration - for more than a thousand years. While the conception of gift certificate as an unbalanced obligation has remained the same during the years, opinions on the problems concerning retuming gifts, or - better to say - the problems concerning ensuring the effects of returning the subject of gift, do often differ considerably. What causes do these differences result from? This question is indeed a highly charged one, given the fact that de facto the conception of gift is not evolving. The aim of this article is to attempt to find at least one path that would lead readers towards considering the possible causes.
In the Czech law the possibility of claiming reassigning ownership right to the donated object is based historically. However, it is the history during the course of which reasons causing application of such procedures possible, on one hand, and the subjects of these reasons, on the other hand, change.
The path sketched in this paper aims at drawing reader's attention towards the fact that historical perspective cannot be made use of for particular purposes only. The historical evolution must be objectively understood as a genesis that has lead to the current status. And it is the individual particular causes making the evolution change direction that play the key role. And this fact is completely - either unconsciously or consciously - ignored in the practice.