<abstract xmlns="http://www.w3.org/1999/xhtml"><p>In both French and Romanian legal systems, the special irrevocability which governs the field of donations presupposes that certain clauses cannot be stipulated in the donation contract. Such clauses, which are prohibited as incompatible with the principle of the irrevocability of donations, would allow the donor to unilaterally revoke the contract. This article is concerned, on the one hand, with the origin and the evolution of the special irrevocability of donations and, on the other hand, with the compatibility of the return of the donated good clause with the principle of irrevocability of donations. The return of the property clause will be analyzed in a comparative manner in French and Romanian legal systems by looking at the provisions of the French Civil Code, 1865 Romanian Civil Code and of the contemporary Romanian Civil Code, in order to put into perspective both similarities and differences between the civil regulations of the two legal systems, but also the changes within the Romanian civil law from the previous Civil Code to the current one.</p></abstract>

In both French and Romanian legal systems, the special irrevocability which governs the field of donations presupposes that certain clauses cannot be stipulated in the donation contract. Such clauses, which are prohibited as incompatible with the principle of the irrevocability of donations, would allow the donor to unilaterally revoke the contract. This article is concerned, on the one hand, with the origin and the evolution of the special irrevocability of donations and, on the other hand, with the compatibility of the return of the donated good clause with the principle of irrevocability of donations. The return of the property clause will be analyzed in a comparative manner in French and Romanian legal systems by looking at the provisions of the French Civil Code, 1865 Romanian Civil Code and of the contemporary Romanian Civil Code, in order to put into perspective both similarities and differences between the civil regulations of the two legal systems, but also the changes within the Romanian civil law from the previous Civil Code to the current one.

The Return Of The Property Clause In Donation Contracts – A Comparative Analysis In French And Romanian Legal Systems

“Al. I. Cuza” University, Iași, Romania

International conference KNOWLEDGE-BASED ORGANIZATION

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

In both French and Romanian legal systems, the special irrevocability which governs the field of donations presupposes that certain clauses cannot be...

The Return Of The Property Clause In Donation Contracts – A Comparative Analysis In French And Romanian Legal Systems

Publié en ligne: 24 nov. 2015

Pages: 413 - 417

DOI: https://doi.org/10.1515/kbo-2015-0070

Mots clés
donation, irrevocability, return of the property clause, donner et retenir ne vaut rien, comparative law

© 2015 Codrin Codrea, published by De Gruyter Open

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

The Return Of The Property Clause In Donation Contracts – A Comparative Analysis In French And Romanian Legal Systems

Publié en ligne: 24 nov. 2015

Pages: 413 - 417

DOI: https://doi.org/10.1515/kbo-2015-0070

Mots clésdonation, irrevocability, return of the property clause, donner et retenir ne vaut rien, comparative law

© 2015 Codrin Codrea, published by De Gruyter Open

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Mots clés
donation, irrevocability, return of the property clause, donner et retenir ne vaut rien, comparative law