Probleme de drept privind donaţiile între soţi
Legal issues regarding donations between spouses

Summary/Abstract: From the perspective of the contractual freedom of the spouses, which manifests itself also in the relations between them, donations between spouses acquired other values with the adoption of the new Civil Code, which proclaimed, among other things, the patrimonial independence of spouses, recognizing the validity of legal acts concluded between them, including sales and donations. Along the same lines of thought as the Civil Code of 1864, donations between spouses are valid but revocable. These acts concern us from the point of view of revocability and succession law. The donation made to the surviving spouse can be, as the case may be, the object of the report or the reduction. It is undeniable that any legal act concluded between spouses during marriage bears the mark of the personal relationships existing between them at the time of the act, which creates, in some cases, a doubt about the reality of the legal operation. The legislatorʼs vision of the simulation, towards which he proclaims himself neutral most of the time, does not remove this doubt. The temptation for simulation, with the aim of hiding the true relationships between the spouses, is therefore great and has implications in several areas, not only in that of succession law. It is no less true that the legislator sought to limit the applications of the simulation in the patrimonial relations between spouses, a concern materialized in several legal texts that sanction this mechanism, depending on the purpose pursued, either with nullity or with unenforceability. Last but not least, in matters of succession law, several presumptions are established to combat the desire to simulate.

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