Promessa de doação
AUTOR(ES)
José Reynaldo Peixoto de Souza
DATA DE PUBLICAÇÃO
2010
RESUMO
This work proposes to study the donation commitment and its specific performance, whereby the committed recipient can secure delivery of the asset or transference of the right which was pre-contractually committed to him/her. To that end, the first section examines the evolution of donations, from Roman Law, through the intermediary period, up to the modern codification phase, in which the donations contractual character is accepted, with a more extensive analysis of Portuguese-Brazilian law, that is, from the ancient Portuguese civil law regime (Código Afonsino or Afonsinas, Código Manuelino or Manuelinas and Código Filipino or Philipinas) to the Brazilian Civil Codes of 1916 and 2002. After establishing the donations contractual character, as well as the categories of such contract, its prerequisites and forms of enhancement, capability of the parties, and the issue of acceptance and revocation, the focus shifts to the controversy surrounding the possibility of a donation commitment, particularly in light of the Civil Code in force and of the principles that dictate its treatment of contracts and pre-contracts. The next section examines the legal feasibility of the donation commitments specific performance, in light of Civil Procedure Codes art. 466 B, i.e., securing a court order that supersedes the unfulfilled will of the committed donor
ASSUNTO(S)
exigibilidade execução específica enforceability promessa direito civil doação donation specific performance doacoes (direito) -- brasil commitment
