REVISION OF THE CONDITIONS AND CHARGES WHICH AFFECT GRATUITOUS ACTS
REVISION OF THE CONDITIONS AND CHARGES WHICH AFFECT GRATUITOUS ACTS

Summary/Abstract: In practice there are multiple situations when the gratuitous acts (liberalities) - donations and legacies – are subject to charges or conditions. The fulfilment of the charges or the meeting of the conditions is achieved in time (more decades or even over a century). During this period of time, the situations taken into account by the transferor and the beneficiary may suffer significant alternations so that the meeting of the conditions or the fulfilment of the charges becomes extremely difficult or excessively onerous for the beneficiary. The issue of accommodating the conditions and charges so that the spirit of the gratuitous act consented by the transferor be observed, is raised. We are in the presence of an application of the hardship theory in the field of gratuitous acts subject to charges or conditions. It has to be underlined that the revision can be obtained if an impossibility to perform in the modality set forth by the donation or by will occurs, but an accommodation of the charges or conditions is possible so that the transferor’s will – in its spirit, and not necessarily in its letter – can be observed.

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