Special Inabilities regarding Donation - Inability to Receive

Abstract

The regulations of the states of the world aim to create a contractual space meant to protect the donor, his patrimony and to ensure the good faith. There are regulations around the world in the field of donation aimed at limiting the possibility of making donations to people who could influence the donor or who due to their status cannot receive donations. The purpose of this research is to present the aspects of comparative law appliable to the inability to be gratified by donation on certain categories of people and not only. According to American doctrine, undue influence is a philosophy of equity that involves a person taking advantage of a position of power over another person. This inequity of power between the parties can vitiate the consent of a party, because they are not able to freely exercise their independent will. For this, the undue influence is likely to lead to an inability to receive.