A Comparative Inquiry Into The Legal Regime Of Mortis Causa Donations In Some Continental-European And Common Law Legal Systems

The mortis causa donation is a particular form of donation, made in the anticipation of death. Its regime was subjected to particular different norms in some continental-European legal systems, such as the French and the Romanian ones, and in some common law legal systems, such as the English and the American ones. This article investigates in a comparative manner the different legal solutions regarding the status of mortis causa donations in French and Romanian legal systems, on one hand, and in the English and American legal systems, on the other. Although in the history of French law the donation mortis causa was recognized under the customary norms of the ancien droit, contemporary continental-European legal systems do not recognize an intermediary gratuitous act between testamentary provisions and donation contracts, while in the common law legal systems the mortis causa donation is recognized as a particular form of gratuitous transfer, but it has different legal effects in English and American legal systems.