The donation in the roman conception and its reception in Argentine Law

Abstract

The present work is oriented to develop the criterion applied by the Romansin relation to the donations as well as to show how Velez Sarsfieldincluded them amongthe contracts, since he understood them like that. This decision resulted in removing the donations from the part corresponding to the last will dispositions
such as the testaments. By doing this, he followedthe criterion of the Roman Law, moving away from the French Law,that regulated them under a common title. The same criterion is followed by the current Code, which recasts the definition of the contract, stressing the legal nature of thedonation as one of them. The difference of criterion found in the new Code in comparison withthe Roman law and what was legislated
by Vélez, consists in that donations are allowed between spousesand in the option of separation of goods. For a greater understanding of the donations,we move to a historical development of its conception.