A COMPARATIVE ANALYSIS OF THE DONATION
REVOCATION FOR FAILURE TO EXECUTE
THE CHARGES IN FRENCH
AND ROMANIAN LEGAL SYSTEMS
A COMPARATIVE ANALYSIS OF THE DONATION
REVOCATION FOR FAILURE TO EXECUTE
THE CHARGES IN FRENCH
AND ROMANIAN LEGAL SYSTEMS
Author(s): Codrin CodreaSubject(s): Civil Law
Published by: Editura Hamangiu S.R.L.
Keywords: donation; donation revocation for failure to execute the charges; the action for the revocation of the donation; the legal effects of the revocation of donation;
Summary/Abstract: In the French law, there are provided in the article 953 of the French Civil Code as legal causes for the revocation of donations the donee’s failure to execute the conditions (charges), the ingratitude of the donee and the birth of a child of the donee, causes which were to be found in a similar formulation in the article 829 of the Romanian Civil Code of 1865. Unlike the Romanian Civil Code of 1865 and the French civil law, in the contemporary Romanian civil law there are provided in article 1020 of the Romanian Civil Code only two causes for the revocation of the donation – the ingratitude and the unjustified failure to execute the charges, without the third cause, the revocation for birth of child. In this article the unfulfillment of charges as a cause for donation revocation will be analyzed in both legal systems, French and Romanian, by looking at the conditions required for the failure to execute the charges, the legal action for revocation of the donation for failure to execute the charges and the legal effects the revocation of the donation have.
Journal: Conferința Internațională de Drept, Studii Europene și Relații Internaționale
- Issue Year: III/2015
- Issue No: III
- Page Range: 31-38
- Page Count: 8
- Language: English
