CONSIDERATIONS REGARDING THE SOLEMNITY OF THE DONATION
CONSIDERATIONS REGARDING THE SOLEMNITY OF THE DONATION

Summary/Abstract: Donation is a free act, a liberality, through which the disposer alienates his goods without receiving an equivalent in return. This study is dedicated to the analysis of the donation contract in terms of its essential feature of being a solemn contract. In the matter of the donation contract, as we will show, solemnity is more than a way of presenting the liberal will (animus donandi), this characteristic being related to the intrinsic nature of the contract. Thus, the principle of donation solemnity is affirmed, a principle born from the will of the legislator to protect the owner who diminishes his own patrimony, without seeking to receive anything in return.

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