EIRP Proceedings, Vol 4 (2009)
La réglementation de loi lata et de loi ferenda du principe de l’irrévocabilité des donations
Abstract
In the case of the donation contract operates, besides the irrevocability that characterize any legal civil act, named as the first degree irrevocability, representing the common law in this matter, also a irrevocability with an much more accented character, named as the second degree irrevocability. In the present, it is expressed consecrated, as an exception, the revocability of the donation in a marriage couple and
there are regulated the clauses which determines the revocability of the donation. In the same time the authors of the Project of the Civil Code consecrates expressly the principal of the irrevocability of the donation and his exceptions, being preoccupied by the principals who rules the European private law. Therefore, the present article analyses the problematic of the principal of the irrevocability of the donation, in the light of the present regulation but also in the light of the Project of the Civil Cod, expressing clearly the distinction between these two regulations.
there are regulated the clauses which determines the revocability of the donation. In the same time the authors of the Project of the Civil Code consecrates expressly the principal of the irrevocability of the donation and his exceptions, being preoccupied by the principals who rules the European private law. Therefore, the present article analyses the problematic of the principal of the irrevocability of the donation, in the light of the present regulation but also in the light of the Project of the Civil Cod, expressing clearly the distinction between these two regulations.
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