Distinguishing acts of generosity and stimulatory acts from acts of gratification characteristics of the donation relationship Cover Image

Distingerea actelor de generozitate și a celor stimulatorii de actele de gratificare caracteristice raportului de donație
Distinguishing acts of generosity and stimulatory acts from acts of gratification characteristics of the donation relationship

Author(s): Grigore Ardelean, Ana-Andreea Manea
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Academia “Stefan cel Mare” a MAI al Republicii Moldova
Keywords: Gratification; donation; charity; generosity; altruism; gift; tip; discount; philanthropy; prize; habitual gifts;

Summary/Abstract: It has always been natural that the act by which a free act is disposed of, and which may generate certain material consequences towards the donor, should be given increased attention in the regulatory plan, ensuring, in this way, adequate legal protection for the interests that are pursued by concluding the respective contract. In this context,the discussions, controversies and doctrinal debates on the topics that hover around all acts of gratification, including donation, will never slow down, existing as long as man exists, considering that the feeling of generosity, charity, kindness and altruism will always accompany him, both on the path of progress and that of regression. Consequently, the notion of the donation contract in its current version allows to cram into its category all acts with a gratuitous title, as well as other acts of gratification (gift, insignificant gifts, reductions and discounts, transplantation of tissues and organs, etc.) which, in general, should be removed from the legal field of donation.

  • Issue Year: 1/2025
  • Issue No: 21
  • Page Range: 37-50
  • Page Count: 14
  • Language: English, Romanian
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