AULA 7 - ESPÉCIES DE DOAÇÃO

Summary

This lesson continues the study of donation contracts in civil law, focusing on 15 different types of donation contracts. The instructor explains each type, from the most common 'pure and simple' donation to conditional, remunerative, and mixed donations. Examples illustrate scenarios like gifts for services rendered, donations with conditions, and donations between spouses or in contemplation of marriage. The lesson also covers legal limitations, such as fraudulent donations or donations exceeding legal limits. The instructor prepares students for the next class, which will cover revocation scenarios.

Takeaways

• 📜 The contract of donation has 15 different types, varying based on reasons and effects.
• 🎁 A 'pure and simple' donation occurs without specific reasons or conditions, purely out of generosity.
• 💸 The 'onerous' or 'modal' donation involves conditions, where the recipient must fulfill certain obligations.
• 🛠 A 'remunerative' donation rewards a person for a service already rendered, without an obligation to give.
• 🤝 'Mixed donation' combines elements of donation and purchase, often involving an undervalued sale.
• 🏆 'Meritorious donation' is given to honor someone’s outstanding qualities or contribution, without personal benefit.
• 👶 'Donation to a nascituro' (unborn child) is possible but is subject to the child being born alive.
• ⏳ 'Periodic donation' involves regular financial assistance over time, like monthly payments.
• 💍 'Donation in contemplation of future marriage' is a promise to give if the couple marries.
• 📚 Some donations, like those involving insolvent debtors or fraudulent transfers, can be legally revoked or annulled.

Q & A

What is the primary focus of this class session?

The primary focus of this class session is on the 15 types of donation contracts in civil law, examining their characteristics, motivations, and effects.

What is a 'pure and simple' donation?

A 'pure and simple' donation is the most common type of donation where the donor gives a gift without any specific reason, motivation, or requirement, purely out of generosity.

How does a 'modal' or 'onerous' donation differ from a 'pure and simple' donation?

A 'modal' or 'onerous' donation includes a condition or obligation that the recipient must fulfill. If the recipient fails to meet the condition, they may lose the gift or its benefits.

Can you explain what a 'remuneratory' donation is?

A 'remuneratory' donation is made in recognition of a service provided by the recipient, though the service was not performed with the expectation of receiving a gift.

What is a 'mixed' donation?

A 'mixed' donation occurs when part of the transaction is a gift and part is a sale. For example, selling a car at a price significantly below its market value can be considered a mixed donation.

What distinguishes a 'meritorious' donation?

A 'meritorious' donation is given in recognition of a person's exceptional qualities or actions, even though they have not directly benefited the donor. For example, donating to healthcare workers during a pandemic.

What is a donation to a nascituro, and what condition applies?

A donation to a nascituro (unborn child) is possible, but it is conditional upon the child being born alive. If the child is not born alive, the donation is voided.

How does a 'periodic subsidy' donation work?

A 'periodic subsidy' donation involves the donor committing to regular payments to the recipient, rather than a one-time gift, providing ongoing financial support.

What is the significance of the 'clause of return or reversion' in a donation?

The 'clause of return or reversion' stipulates that if the recipient of the donation dies before the donor, the donated property returns to the donor instead of passing to the recipient's heirs.

Can a donor annul a donation made when they are insolvent?

Yes, if a donor makes a donation while insolvent, it can be considered fraudulent against creditors and can be annulled through a legal action known as 'ação pauliana.'