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Acţiunea în revocarea donaţiei pentru ingratitudine
Action for donation revocation due to ingratitude

Author(s): Romeo Popescu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: revocation; civil punishment; forgiveness; limitation;

Summary/Abstract: The action donation revocation due to ingratitude has the character of " civil punishment" and can only be initiated in the cases and conditions provided by the law. Revocation due to ingratitude does not operate by law and is not an exception to the principle of irrevocability of donations. This study aims to highlight the cases in which revocation for ingratitude can be requested – by examining the recent judicial practice –, the characteristic features of the action for revocation (by developing its strictly personal character), the general and special effects of the admission of the action, as well as the specific aspects regarding the revocation of the promise of donation due to ingratitude. Innovations to the previous regulation are highlighted, by mentioning the reasons why partially different solutions were adopted in the new Civil Code.

  • Issue Year: 2018
  • Issue No: 04
  • Page Range: 287-299
  • Page Count: 13
  • Language: Romanian