Considerații privind excepțiile de la principiul solemnității donației, în reglementarea noului Cod civil
CONSIDERATIONS REAGARDING THE EXCEPTIONS FROM THE PRINCIPLE OF DONATION SOLEMNITY IN THE REGULATION OF THE NEW CIVIL CODE

Summary/Abstract: The study analyzes the regulations included in the new Civil Code ( Law no.287/2009 ) regarding the exeptions from the rule of concluding the contract of donation through authentication, which is an ad validitatem condition for this type of convention. The author looks over the specific elements of the legal acts concluded with the intention of reward (indirect donations, disguised donations and manual gifts), which are not subject to the rules of form necessary for the validity of the donation. There are also examined the conditions of validity of the different categories of liberalities that represent exceptions from the rule of the donation irrevocability. The paper presents the opinions in the doctrine related to the previous legislation and to that in force, as well as the author’s viewpoints concerning the controversial legal issues in the researched area. The study also mentions the juridical relationships emerged from the acts that have the legal nature of the exceptions from the principle of donation solemnity. The article takes into account the internal and European jurisprudence, representing an invitation to future approaches meant to confer polarity to the mosaic of opinions in the field. The paper also focuses on the legal nature of the exceptions it deals with, comparing them with other similar leagl institutions, to configure more clearly their juridical physiognomy and identity.

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