Abstract

According to the Polish Civil Code a donor may revoke a donation within a year from having learned about gross ingratitude of the donee. In the article the author considers if revocation may be done after the death of the donee. The Polish Civil Code gives no answer to this question. According to the prevailing view the donor has no such possibility as it would be contrary to the general regulations concerning legal acts. Moreover, revocation is seen as a punishment that may be applied against the donee though not against his heirs. However, in the opinion of the author such a restrictive view is unconvincing and may often lead to irrational and unfair effects.