Considerations On The Effects Of The Donation Contract

The study starts from the reality according to which the donation contract belongs to the gratuitous acts (liberalities), on which the law­maker lays special emphasis as compared with the onerous acts. This difference in treatment consists in the fact that liberalities are more susceptible than the onerous acts to produce abuses and to harm the legitimate interests of the person who disposes and of his family. Taking into account all these, the author analyses the rights and the obligations of the parties of the donation contract, as well as the juridical means available to them in the case when the other party does not fulfill, with guilt, his obligations. At the same time, the study presents also the publicity formalities that have to be done in relation with the object of the donation, in the view of providing the opposability of the donated object against the third parties. The article presents viewpoints from doctrine and jurisprudence relative to various juridical situations as concerns the liability of the parties that are guilty for the nonfulfillment of the obligations resulted from the donation contract. Also, the author presents his personal opinions as regards the unregulated and controversial situations in the approached matter.