La réglementation de loi lata et de loi ferenda du principe de l’irrévocabilité des donations

In the case of the donation contract operates, besides the irrevocability that characterize any legalcivil act, named as the first degree irrevocability, representing the common law in this matter, also airrevocability with an much more accented character, named as the second degree irrevocability. In thepresent, it is expressed consecrated, as an exception, the revocability of the donation in a marriage couple andthere are regulated the clauses which determines the revocability of the donation. In the same time the authorsof the Project of the Civil Code consecrates expressly the principal of the irrevocability of the donation andhis exceptions, being preoccupied by the principals who rules the European private law. Therefore, thepresent article analyses the problematic of the principal of the irrevocability of the donation, in the light of thepresent regulation but also in the light of the Project of the Civil Cod, expressing clearly the distinctionbetween these two regulations.