Concept and legal nature of contractual donation construction
Автор: Nikolaev S.V.
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Актуальные проблемы адвокатской практики
Статья в выпуске: 4 (69), 2024 года.
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This article analyzes the legal nature of a gift agreement, where it is established regarding the controversial construction in the form of a real gift model that doctrinally it should be counted among the agreements that are a contract and generate a direct real (administrative) effect, since the mechanism of a real contract is designed exclusively for contractual relations with a binding legal orientation, which cannot be said actually, about the very design of the real donation model, executed at the time of its conclusion, where the execution itself is the beginning and final stage of the contractual relationship. It is also stated that the real model of donation should be qualified exclusively as a real contract within the meaning of Article 433 of the Civil Code of the Russian Federation, while excluding the possibility of using the construction of a real contract based strictly on the definition of a thing as a material (bodily) substance.
Donation, real contract, obligation, legal nature, thing, property, gratuitousness
Короткий адрес: https://sciup.org/140306389
IDR: 140306389 | DOI: 10.52068/2304-9839_2024_69_4_82