REVOCAREA DE DREPT A DONAŢIEI PENTRU SURVENIENŢĂ DE COPIL – TRECUT ŞI PREZENT; ASPECTE DE DREPT COMPARAT
LAW REVOCATION OF THE DONATION FOR CHILD'S OCCURRENCE – PAST AND PRESENT; ASPECTS OF COMPARATIVE LAW

Summary/Abstract: In the matter of donations, irrevocable acts in principle, revocation is always an exception. The current Civil Code has taken over the legal cases of revocation of donations, from the old regulations, but it reformed the institution of law revocation of donations for occurrence of a child, in two aspects: first of all, it considered fair and in accordance with the needs of the security of the civil circuit the elimination of this provision from the new Civil Code, and secondly, because it could not annihilate the effects of the donations made during the old Civil Code, from a temporary point of view, stipulated that the birth of a child of the donor after the entry into force of the new law, can no longer lead to the legal revocation of the donation, even if the donation was concluded under the old law empire. We tried to highlight the grounds that justify the elimination of this regulation, as well as some aspects of comparative law, considering that the revocation of donations for child survival still exists in other civil laws based on a Roman-inspired civil law.

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