VARIETĂȚI ALE DONAIEI ÎN DREPTUL ROMAN PRELUATE ÎN CODUL CIVIL DIN 1865 ŞI ÎN NOUL COD CIVIL
VARIETIES OF DONAIA IN ROMAN LAW TAKEN OVER IN THE CIVIL CODE OF 1865 AND IN THE NEW CIVIL CODE

Summary/Abstract: Besides the regular donation, the civil law recognizes the donation between spouses, the stipulation for another and the remission of debt as varieties of donation. In the Ancient and in the Classical Roman Law the donation didn’t have a specific form, and the agreement of the parties wasn’t enough for a valid transfer of property. Until the Post‐classical Roman Law, when the convention of donation is recognized, the donation had to be made through a modus, the transfer of property with a gratuitous title being done only through one of the derived conventional means of acquiring property, mancipatio, in jure cessio or traditio, or through certain solemn contracts such as sponsio or stipulatio.

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