Cadeau sur la base de l'éthique

GIFT BASED ON ETHIC DUTY

Giving as fulfilling the ethic duty, about which there is no general consciousness that it is an imperative one, does not exclude animus donandi. If animus donandi is understood in an abstract way, as the will of one party to decrease its property and increase the property of another party, then it is not endangered because someone gives in accordance with a long-lasting, constant and socially generally accepted behaviour, which he is not obliged to exercise. Such giving, in other words, is a gift based on ethic duty. Its nature is the same as the nature of the gift based on custom. A custom-based gift is excluded from the rule of the law of succession that each gift is included in the succession part to the legal successor. The conditions for the application of the exclusion is that the gift was given in accordance with the custom and habits of the milieu in which the deceased lived and that it is with a smaller value. If there is no custom or if the value of giving is bigger, the gift would not be “based on custom” and would not be excluded from the regime colatio bonorum, which is better for the successor. The habit or the tradition is the reason which justifies the existence of the gift based on ethic duty.

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