CRITICAL REFLECTIONS ON THE DONATION REVOCATION FOR INGRATITUDE REGULATED BY THE NEW CIVIL CODE
CRITICAL REFLECTIONS ON THE DONATION REVOCATION FOR INGRATITUDE REGULATED BY THE NEW CIVIL CODE

Summary/Abstract: The current study analyzes the regulations in the field of donation revocation for ingratitude, regulations in force with the Law no. 287/2009 regarding the new Civil Code. The starting point is the axiomatic truth, according to which, the donations, and in general the liberalities, have always been under special legal regimes, different from those of the onerous juridical acts. Even if donations are juridical acts in principle irrevocable, the law-maker established some special cases of their revocation, to avoid or limit the acts of prodigality and the undesired effects on the interests of the done or his close persons. Precisely, on one of these causes of donation revocation, for ingratitude, the author focused his scientific effort, analyzing the viewpoints in the doctrine, the solutions in jurisprudence and expressing his own opinions, so that the legal norms in the examined field are harmonized with the interests of public order. The study also refers to the new penal regulations (new Penal Code) as regards the donation revocations for ingratitude.

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