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Title |
Revocation the gift as a way of protecting the rights of the
donor
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Authors |
TYULPAROVA Aminet,
senior lecturer of
Civil and Labour Law Department of Adygei State University.
208,Pervomayskaya Street. E-mail: atyulparova@mail.ru |
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Section |
Civil law |
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Issue |
4/2015 |
Page |
61—66
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index UDC |
347.472:340.133
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index LBC |
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Abstract |
The article analyzes the problems
arising in the implementation of a donor of its right to repeal donation. We
consider the provisions on the abolition of gift in the historical aspect of
origin of the institute of ancient Rome and its evolution within the framework of
domestic law. The author provides an overview of foreign legislation in respect of
the revocation of donation. It provides a detailed analysis of the reasons
for the revocation of donation to the current civil legislation of the Russian
Federation. Consideration of the phenomenon of the cancellation of donation,in
terms of the donee ingratitude,is held by the author through the use of the
category «culpa post contractumfinitum». It is the opinion of some scholars, with
regards to this issue. It makes a number of conclusions regarding the nature of
the abolition of gift. |
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Keywords |
deed of gift, the abolition of gift, the ingratitude
of the donee, the death of the donee, the
consequences of the abolition of gift, postdelivery liability, bankruptcy, the loss of
things. |
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