Abstract

Donation is ruled along with property rights in Spain. Nevertheless, most Spanish scholars commenting the Codigo Civil consider donation a contract. This essay approaches donation in Spain, comparing the Spanish Codigo Civil and Catalan law. Catalan law regulates donation as an acquisitive act and not as a contract. Hence, the situation in Spain of diverging configurations of donation may be illustrative in the context of harmonisation of private law within the European Union where the Draft Common Frame of Reference also deals with donation of movables.

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