Invalidez del título del donatario ante la donación inoficiosa. Breves notas al derecho positivo cubano
Donation, as an act of generosity, causes the separation of the goods belonging to the donor`s patrimony who, at first, may donate whatever he/she wants to whomever he/she wishes but respecting the mandatory proportions of his/her legitimate or especially protected heirs to avoid future lawsuits aft...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad de Caldas
2010
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| Subjects: | |
| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3360854 |
| Source: | Jurídicas, ISSN 1794-2918, Vol. 7, Nº. 1, 2010, pags. 135-158 |
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| Summary: |
Donation, as an act of generosity, causes the separation of the goods belonging to
the donor`s patrimony who, at first, may donate whatever he/she wants to whomever
he/she wishes but respecting the mandatory proportions of his/her legitimate or
especially protected heirs to avoid future lawsuits after his/her death because
of an �ius congens� norm which the legal ordinance envisage in legitimate and
legitimizer grounds.
Historically and through the years, doctrine and jurisprudence have valued the
effects produced when, once the donation has been arranged fulfilling all formalities
demanded so that it has total legal validity, it is subsequently declared inofficious
and as a consequence, reducible or �rescindable�, placing the grantee in a
disadvantageous situation and in legal insecurity because the title held until that
moment ends up being defective from the inofficious declaration. Thus the right to
property that he/she had on the good or the donated item becomes easily broken.
Being this the case, the authors of this work make a doctrinal and legislative
characterization about the topic and, as a consequence, it is assessed under other
countries legal orders, making special reference to the Cuban case which is not
excluded from such situation.
The position taken in this article does not intend to establish a school of thought
to the detriment of the specially protected heir in Cuba, but to reflect and evaluate
before the legal association, the position of the grantee of a house in our country
facing the peculiarities present in the session of property in native soil, which
constitutes the center of this work. |
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