La estructura de la donación entre vivos y su emplazamiento sistematico en la jurisprudencia

Abstract

In their dogmatic configuration, donations have always presented problems as to their localization within the jurisprudential and legislative systems due to ambiguities appearing in the Corpus iuris civilis. These ambiguities are concerned mainly with whether or not donations are typical acts or causes, whether or not they have direct dominical effect, or only binding, and whether they are conventions, contracts, or acts. In this article, both the structure and the methodical arrangement of donations in the science of reviewers and commentators are looked at, as well as in the various codes of the Castilian law, from the Siete Partidas to the Novísima Recopilación, and in those devoted to the institutions of Castilian law (Assi, Sala and Tapia), in the authors of the ius commune, the scholastic Luis de Molina and the iusnaturalists (Grocio, Pufendorf, Wolf and Nettelbladt), in the XIX-century German pandectistic science and, finally, in the European and American codifications.