1. SCURTE CONSIDERAȚII ÎN LEGĂTURĂ CU REGIMUL JURIDIC AL REVOCĂRII DONAȚIEI PENTRU NEEXECUTAREA SARCINII.
- Author
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MIHALACHE, ANDRUȚA FLORINELA and OLOERIU, CLAUDIU-GABRIEL
- Subjects
LEGAL sanctions ,ACCOUNTING laws ,CONTRACTS ,LEGISLATORS ,EXCEPTIONS (Law) - Abstract
Since the Romanian legislator did not exhaustively define the legal regime of the sanction of revoking the donation for the non-fulfilment of the duty, a sanction with a restricted area of application, we appreciate that this role, of establishing or configuring its scope of application, falls under the incidence of the judicial doctrine and practice. Starting from this premise, the topic proposed for analysis focuses, mainly, on the legal regime of the sanction that intervenes in the event that the obligations instituted by the donation contract for the donee are not complied with, respectively on the sanction of revoking the donation for the non-fulfilment of the duty, which represents one of the exceptions expressly recognized by the legislator from the principle of irrevocability of donations. The purpose of the article is to capture and make a synthesis of the established jurisprudential perspectives in the matter of revoking the donations for the non-fulfilment of the duties established within such a contract. At the same time, we propose to present a brief analysis of this civil sanction and the similarities which it presents to the sanction of resolution or of termination of the civil legal acts. Furthermore, we intend that the present material be the basis for the identification of some additional criteria of assessment, to be taken into account by the courts of law when they are called to analyze and to assess the incidence of this civil sanction in those cases where the particularities of the case confer substance to the distance between the two diametrically opposed solutions for the settlement of the case. [ABSTRACT FROM AUTHOR]
- Published
- 2024