Ecouri ale trecutului: revocarea donaţiei pentru survenienţă de copil. Imobil ipotecat de către donatar. Notă de practică judiciară
Echoes of the past: revocation of the donation for the occurrence of child. Property mortgaged by the beneficiary. Judicial practice note

Summary/Abstract: Revocation of the donation for the occurrence of child was a cause of inefficiency of the inter vivos gifts concluded during the applicability period of the Civil Code of 1864. Although the Civil Code of 2009 does not provide for it anymore, in relation to the principle of the old law survival – according to which the old regulation shall further govern the legal documents (and deeds) consummated in virtue thereof, including, therefore, the occurrence of causes of inefficiency of these civil legal documents –, the courts shall be further vested with the settlement of certain disputes in which the applicable law is the old Civil Code. Moreover, in real estate matter, considering that the land book provisions were included in the version of Law no. 7/1996 prior to the entry into force of the new Civil Code, these legal provisions shall be also considered (currently repealed). Although the current Civil Code is an actual legislative improvement in several fields, among which the matter of gifts and successions, as well as the matter of land registry, the provisions of the old regulations did not contain inadequate solutions either, however, it was necessary to make additional efforts of interpretation where the legislator had not covered some assumptions with express texts. In an attempt to demonstrate that things should be considered as such, we found it proper to bring to the attention of the legal professionals, in a larger comment, the solutions delivered by the court of first instance and by the court of appeal both in relation to the effects of revocation of the donation for the above mentioned cause as regards the relationships between the donor or other persons, on the one hand, and the beneficiary, on the other hand, and in relation to the effects of revocation by operation of law of the donation on the situation of third parties which have contracted with the beneficiary.

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