Относно „задължението“ на надарения за издръжка, или още веднъж за отменителното основание по чл. 227, ал. 1, б. „в“ ЗЗД
About the Maintenance Obligation of the Donee or Once More about the Grounds for Revocation under Art. 227, para. 1, subpara. “c” of the Law on Obligations and Contracts

Summary/Abstract: This article examines matters controversially resolved in theory and practice which concern the legal nature of the obligation of gratitude, including the donee’s obligation to provide maintenance to the donor should the need arise, these matters being legally regulated by the provision of Art. 227, para. 1, subpara. “c” of the Law on Obligations and Contracts. Consideration is also given to the issues ensuing from the doctrinal thesis according to which the maintenance obligation turns any donation agreement into a bilateral one (and, according to some authors, into an aleatory one as well), such as whether the obligation of gratitude – and the maintenance obligation, in particular – is of legal or moral nature; at what point in time this obligation arises and when it becomes executable. Substantiation is provided for the thesis that no such legal obligation exists, and the donation retraction actually constitutes a legal sanction for unbearable violation of moral rules. Certain part of the argumentation is based on a study of the matters of descendibility of the so-called maintenance obligation. Reasons are given in support of the view that, where the donor has requested the provision of maintenance on the part of the donee and the latter has later died, the possibility for the donor to retract the donation is not based on any maintenance obligation arising for the heirs as descendants of the donee, but rather on the fact that a right to retraction is present in favour of the donor and the said right may as well be exercised against the universal legal successors to the donee.

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