PARTICULARITĂŢI PRIVIND REVOCABILITATEA DONAŢIEI ÎNTRE SOŢI ŞI NECESITATEA ACESTEI REGLEMENTĂRI
PARTICULARITIES REGARDING THE REVOCATION OF THE DONATION BETWEEN THE SPOUSES AND THE NECESSITY OF THIS REGULATION

Summary/Abstract: Donations between spouses are a separate category of contracts encountered in practice. Benefiting from a special legal regime, derogatory from the common law not only in matters of contracts, but also of donations, the donations between spouses generate specific consequences in the civil circuit plan. They are revocable by their very essence, which can cause some uncertainties regarding the right of the owner donor to dispose of his right by alienating the good. For this reason, inalienability can in fact be reached on the donated property, as the owner's right is permanently overshadowed by the uncertainty of revocation, a right which the donor cannot give up in an anticipated manner. We set out to illustrate the consequences of donations between spouses, authenticated by the public notary, as well as the possibility of the donating owner to maintain his property, in the context where, in the case of immovable property, his right is fully inscribed in the land register. From the correlation of the in force legal provisions with the civil codes of other states, it is necessary to analyze also how necessary these provisions are, in the context of the civil circuit and of the owner's right to dispose of his property.

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