Principiul irevocabilităţii donaţiilor.
Author(s): Victor Marcusohn
The Principle of Donation Irrevocability.
Subject(s): Civil Law
Published by: Editura Academiei Române
Keywords: donation; irrevocability; prohibited clauses; revocation
Summary/Abstract: Generally speaking, any valid contract is an irrevocable one, meaning it cannot be revoked by the unilaterally will of one party, but only by simultaneous will from both parties. Besides this general irrevocability, the donation contract provides also a special irrevocability, derived from its nature as liberality. The principle of irrevocability, specific to the donation, aims at ensuring the protection of all legitimate interests of the donor, at guaranteeing the property right of the grantee regarding the donated good as well as at consolidating the safety of the civil circuit by protecting the interests of third parties which have legal relations with the grantee. Even tough a donation is generally irrevocable, there are certain situations, established by law, in which a donation can be revoked: revocation for ingratitude and revocation for failure to perform the assignment.
- Issue Year: 2017
- Issue No: 2
- Page Range: 181-195
- Page Count: 14
- Language: Romanian