The article presents restitution of donations as a consequence of divorce or cessation of civil relationship (cohabitation). Donations may have been given between spouses or partners but also by third persons (relatives). The author disagrees with the prevailing view in the Slovenian case law, according to which the "cause" of contract falls away with divorce, automatically making the contract void. He argues that the decision to revoke the contract should be made by the party (donor). The author prefers an out-of-court revocation to judicial dissolution of contract. In cases of donations between spouses or relatives it may be attributable to the donee that he knew about the donation being based on the marriage or cohabitation. In cases of donations with other motives the donee must be acquainted with any expectations of the donor. If the expectations are not met, a donation may be revoked (donation sub modo). In mutual contracts the institute of change of circumstances may be used to a similar purpose.

Rights