Concept of donation and different laws according to the country
Introduction
This essay will seek to analyze the concept generates from the donation, because as we know this is a very broad issue of studies, since it has indications, with processes and with a way of determining when it proceeds, because as it is knownThe donation in a general word is known as a gift that is made to another person in favor of their subsistence without any remuneration or in exchange for something.
In our Ecuadorian legislation as of other passes, it has different concepts about donation, therefore in development it will be broken down, what is really wanted to know the issue, it is also more detailed to establish its characteristics, requirements, when, when not, its legal nature and finally those who intervene in this donation, for which it is necessary to end up mentioning that this essay will generate knowledge to students who must be enriched with doctrine and concepts to form their own concept on the subject of donation.
Developing
The donation in the Roman legal conception appears in ancient Roman law as a legal business and with a particularity that produced effects which distinguish from the rest of the other institutions, were mainly configured that the person made a patrimonial attribution to another without receiving aContribution, being totally free, because this action was well accepted or rejected, and the only thing that sought this ancient Roman law is that there is an intention to fulfill a liberality, and and in time it was known what was donating and donor.
In classical law, donation was never considered as a legal business but as a just cause, at the time of Constantine it was known as the fair delivery of a thing, delivered by writing an official document, in the writings of UlpianIn two situations, first where the donor is subject to a suspensive condition, and the other in which the donor produces the donation for a serious danger.
Etymologically, the word donation comes from donum: which means a gift, gift, therefore, donation implies two people, one that gives something free, and the other that accepts or rejects this voluntary action, on other words, the donation is based onin giving something as long as you need it for your life.
The donation is also known as a unilateral contract because the obligation soló is only and exclusively in charge of the person who is giving their good to the other person.
In art. 1402 Ecuadorian civil codes establishes that the donation between the living is an act by which a person transfers freely and irrevocably a part of their assets to another person, which accepts this donation.
According to the elementary legal dictionary of Guillermo Cabanellas de Torres defines the donation. – In general as an offering, present, donation, also in the same dictionary defines the donor. It is the one who gives a present in favor of another and, finally. Donatario., Who is the person to whom a donation is made which receives and accepts, because in the donation the donor and donator specifically intervenes.
Another definition is found in the Anbar Legal Dictionary in the manifesto that the donation is a contract or act in which a person transmits one thing that is of his property in favor of another for free, which must be accepted by the donor,In the same dictionary also establishes the meaning of donor who is the one who makes the donation, and Donatario who receives the gift, and for the last donation between Vivo which is a free and irrevocable bilateral act.
Given all these concepts, it can be said that the donation is established as an agreement, in which one of the two parties compromises the other to be responsible with the good that is being donated for its subsistence, since it is free and deliveredin good faith in order that it does not generate or oblige any consideration.
Juan Larrea Holgui, when referring to Ecuadorian legislation, he argues that the donation belongs to the genre of the contracts, since he considers that they make two donations, since the donor as the donor have to express his will.
Manuel Somarriva argues that the donation brings together both contract requirements, such as the agreement of wills in which dl donatario accepts the donation of which he becomes a participant, thus also generating a source of obligations.
Followed we can say that these donations establish two elements, one objective and another subjective, the first is known as donor-donor, while the second is known as the owner or goods, in which the donor becomesThe person who delivers something to another in exchange for nothing and the donor is the person who reviews the same with nothing in return.
The object that has the donation between living is that a capacity between people is generated.
Legal nature is perfected as a contract, which must be caused as a result of the acceptance of the donor, it is also unilateral because it only harms the donor in this case, and is of a character of liberality because it does not pursue a right to profitor d.
The characteristics that the donation between the living must present is presented as a free, unilateral contract, also a main contract because it subsists by itself, a nominated contract because it is regulated by the legislator, it is a contract that has an instant execution, it is givenAmong living, it is irrevocable, it occurs singularly, and finally acquires domain through tradition.
In order for the donation between the living, it must be consent, that is, an agreement of wills, the first must be offered and second accepted, the ability to have the person who will make the donation must also have, the object that is presented asA donation that can be given either in a real estate or furniture, the cause that is the reason why the person who receives donation is the beneficiary, and finally it is a special requirement because there is an enrichment and reciprocal impoverishmentAmong the assets of both the person who donates and the one who resides.
There are cases in which the donation does not proceed and this occurs when the inheritance is repudiated. Legacy or donation, what is no donation in the bailment of an object, that saying there is no transfer of good, it also occurs when there is no donation in mutual interest, since if there is a payment of interest because the creditor to thedonation is impoverished as a richness, free personnel, also proceed when there is no donation to a third party that later constitutes a guarantor, who also exempts the guarantor from their obligations, and finally when parents acquire goods in favor of theirsons.
Donation classes are:
The donation between the living, which occurs when the donor receives the donation as it is and therefore does not have to claim something that may arise in the future.
The donation submitted to an accessory element, when there is a term donation that bases to record a certain time to comply with the donation, the conditional that occurs when it is not known whether or not to be fulfilled that donation, the modal that is the one that is one that is the one thatIt is subject to a lien and the remunerative donation that is met as long as it is paid for specific services remuneration. Irrevocability of donations, which occurs when the mandate of the law is perfected. And the exceptions that occur when the donor has not expressed his will and when he is a bad faith holder.
conclusion
It is concluded that donations are known as a gift towards another person, in which the two benefit, since donation is an act of liberality, in the sense that the donor has a gratitude to the donor and decides to reward him for free with something inWhich the only accepts, this donation is also born from two wills, first that of the donor who is the one who delivers the thing, and the donor which is the person who receives the good. To notice that donations are irrevocable.
Bibliography
- Martin, Juan. C (2017). “The donation in the Roman conception and its reception in Argentine Law”, Faculty of Legal and Social Sciences, UNLP. Year 14/No. 47 (Anales Magazine) . Linck: http: // sedici.UNLP.Edu.AR/BITSTREAM/HANDLE/10915/66107/DOCUMENT_ COMPLETE.PDF-PDFA.PDF?sequence = 1 & isalowed = y
- Bohórquez Botero, Luis Fernando. Colombian Legal Dictionary. Bogotá: National Legal Editor, 2000. p.304.
- Linares, Angel (2008), “Relevant aspects of the donation contract between the living”, Colombia, ISSN 1909-5759 * number 5 * July-December * 2008 * P. 15-22 (Legal Area) Found at: File: /// C:/Users/User/Downloads/Dialnet-Ready aspects of the ContraTRatodedaCionaCionevivos-3293473%20 (1).PDF
- Larrea Holguin, Juan ”Elementary Civil Law Manual of Ecuador: Contract I”, 1st Edition, Quito Corporation of Studies and Publications 2008 – 375 pages Find at: http: // library.Uta.Edu.EC/CGI-BIN/KOHA/OPAC-ISBDDETAIL.pl?Bibliionumber = 51541
- Manuel Somarriva "Succession Law. Volume II ”, Legal Editorial of Chile, ISBN: 978-956-10-2156-3, Eighth Edition, 2012,772 pages.
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