The relevance of the topic is also influenced by the aspects of establishing the principle of gratuitousness of a donation contract, since according to this principle, a contract can be recognized as a donation contract only if the contract is gratuitous, i.e. the donor does not have any counter-obligations to the donor. In the case where the parties agree on the payment of remuneration for the donation, this is considered a fictitious agreement. On the other hand, when assessing the circumstances, whether there was an intention to provide property or property rights gratuitously, it is important to establish the motives for the donation, since a donation, like any other legal act, must be motivated, and the circumstances revealing the motives for making a gift can be considered as evidentiary facts to confirm the true will of the party who concluded the donation contract. In the case where the motives for concluding the donation contract are not established, reasonable doubts arise regarding the true will of the donor (Civil Division of the Supreme Court of the Republic of Lithuania..., 2010). Problem statement. A donation contract is one of the types of civil law contracts characterized by the gratuitousness and voluntariness of the donor's will (Perkumiene et al., 2021). However, in practice, the application of this institution raises a number of legal issues. Although the law clearly defines the essence of a donation contract, doubts arise as to the compliance of some of its forms, especially contracts with conditions, with this concept. Such contracts often contain elements of mutual obligations, therefore they cannot always be classified as true donation contracts. Problematic situations also arise when assessing the grounds for declaring a donation contract invalid (Babic, 2024). When resolving disputes regarding actions that contradict good moral norms, courts rely on different criteria, but their application in practice is not entirely uniform. Similar uncertainties arise in legal relations regarding support and charity. Since the obligation to provide support is not mandatory, disputes often arise regarding the use of provided or illegally received support and the return of unused funds. Thus, the main problem considered in this study is that the legal regulation of gift contracts in Lithuania is not sufficiently clear and consistent, and the contradictions that arise in its practical application raise doubts about the certainty and legal certainty of legal relations. Research objectives. To analyze aspects of the legal regulation of the gift contract, identifying the main problems of legal regulation and application. Methodology. The following scientific research methods were applied: system analysis, document analysis, comparative, logical-analytical method and generalization methods.
ПЕРКУМЕНЕ et al. (Mon,) studied this question.