O PERSPECTIVĂ COMPARATIVĂ ASUPRA CONDIȚIILOR DE FORMĂ ALE CONTRACTULUI DE DONAȚIE ÎN DREPTUL FRANCEZ ŞI ROMÂNESC
A COMPARATIVE PERSPECTIVE ON THE FORMAL CONDITIONS OF THE DONATION CONTRACT IN FRENCH AND ROMANIAN LAW

Summary/Abstract: This article intends to accomplish an analysis of the reasons behind the form conditions of the donation contract, by looking both at the French and Romanian law, and also some clarifications of the new aspects in the field introduced by the new Romanian Civil Code. The form conditions of the donation have their origin in the Roman law, and their justifications were also adopted by the ancient French law, where certain formalities were required only ad probationem. The principle of the donation’s solemnity was introduced for the first time in French law by the 1731 L’ordonnance sur les donations of Henri‐François d’Aguesseau, which was a source of inspiration for the later Napoleon Code, which provided the principle in article 931. Following the French model, the solemnity of the donation was stipulated in article 813 of the 1865 Romanian Civil Code, since it was considered that the authentic form has a protective role against the consequences of the donation on the wealth of the disposer and his family.

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