Execution of Obligations Arising from the Donation Contract

Abstract

The donation knows several varieties and types of it that find their applicability in the usual practice. An increased interest is applied to the donation received as result of an obligation, being the variety of the donation contract with a synallagmatic character. Burdening the donation with a task requires the donee to accept the task for which he is bound once the liberality is accepted. The donor can be protected in case of non-fulfillment of the task imposed on the donee by two measures regulated by the Civil Code, namely the execution of the task or the revocation of the donation. It is necessary to specify that following the application of art. 1028 C. Civ. "The donee is required to perform the task only within the value of the donated property, updated on the date on which the task was to be performed." The present research aims to treat from the point of view of regulation and jurisprudence the issue of the right to sue for the execution of the task by the donee.