Donazione tipica (obbligatoria) e contratto gratuito con funzione di liberalità

Translated title of the contribution: [Autom. eng. transl.] Typical donation (compulsory) and free contract with donation function

Research output: Contribution to journalArticlepeer-review

Abstract

[Autom. eng. transl.] The criterion that distinguishes donations from free shops cannot reside in the methods of enrichment / depletion or in the type of service or attribution deducted in the contract, but in the patrimonial interest of the settlor that characterizes the free store and is instead incompatible with the spirit of liberality. This interest, far from being relegated to the contractor's subjective sphere, emerges from the overall evaluation of the contractual regulation, and becomes relevant when it integrates the function actually assumed by the store. In the same way as the criterion of the interest actually pursued by the contracting parties, it must be admitted that the translational effect can also be achieved by means of a contract other than that of exchange and donation, thus being able to conceive the atypical free shop with translational effects. The typical free shops, when they are not merely a courtesy relationship, are normally characterized by the presence of a patrimonial interest of the settlor, even if indirect. When the attribution is completely disinterested, and the content of the store confirms, also for its economic value, the intent to realize a benefit for pure liberal spirit, the case must be classified as indirect donation pursuant to art. 809 cc
Translated title of the contribution[Autom. eng. transl.] Typical donation (compulsory) and free contract with donation function
Original languageItalian
Pages (from-to)834-839
Number of pages6
JournalOBBLIGAZIONI E CONTRATTI
VolumeVII
Publication statusPublished - 2011

Keywords

  • contratto gratuito
  • donazione

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