Relevant aspects of the living donation contract

Abstract

It is well known that there are two kinds of donation: death donations – regulated by the 1194 and consecutive articles contained in the Civil Code – which can be revocable; and living donations which, excepting some cases, are irrevocable.

The quoted rule is clear when stating that “Death donations are the same as revocable donations” and that “Living donations are the same as irrevocable donations”.

This document tackles donations among living persons – or irrevocable donations – and takes as a premise the fact that the living donation is a contract which, although unilateral and gratuitous, is classified among those which are figurative ownerships, such as bargain & sales and permutation.

We will briefly analyze the definition, characteristics and main aspects of this juridical figure, as well as the most important kinds of donations regulated by our Legislation.