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Donation contract in Italy

The donation contract under the Italian Civil Code

Donation contract in Italy

 

 

 

 

 

 

 

 

In Italy, the donation is a contract whereby a part enriches another one or assumes an obligation in its favor, just for a mind of generosity.

A donation can also be made ​​in recognition or in consideration of the donee's merits.

According to Italian Civil Code, the donation must be made by a public act, under penalty of nullity. The acceptance of the donation can be made in the same act or through another public act (in this case, the act of acceptance must be notified to the donor).

Before the legal acceptance, both the donor that the donee may revoke their declaration.

The donation made in favor of a future marriage by a spouse to the other one or by a person in favor of each or both spouses, is valid without the need to be accepted by the donee, but it has no effect before the wedding.
The annulment of marriage causes the nullity of the donation.

The donation may be revoked for ingratitude or occurrence of children, except those made ​​for marriage.

Please see also:

Revocation of donations in Italy

Legal advice on last will and testament in Italy

Revocation of a last will in Italy

For more information, please contact Lawyers in Rome

Published on 09 May 2013

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