Forma şi procedura notarială în materia contractului de donaţie

Abstract

The present study proposes a careful analysis of the formal requirements of the donation contract in the light of the new civil provisions, as well as the correlation between these substantive substantive rules and the notarial procedure applicable in the matter. Since the acts of free provision are viewed by the legislator with reticence or even hostility, the protection granted to the disposer is reflected in the solemnity of the liberties. If only the written form (of the authentic notarial act or of the hologram) is required in the case of wills, the donation contract implies, under sanction of absolute nullity, the conclusion in authentic form. Considering this particularity of the donation, the role of the public notary in the drafting and authentication of such a contract is indissolubly linked to the imperative of the authentic form provided by the new Civil Code.