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Donations made in favor of health or social services operators - restrictions of donator's autonomy

Publication at Faculty of Law |
2015

Abstract

Recodification of civil law has also brought about changes in the field of donation and raises new questions associated not only with new modalities of donation, but concerns also a new regulation of donor's autonomy. It is necessary to define its contours in special situations.

Is not the legal capacity of a man - sui iuris - after all compromised when he/she is hospitalized in a medical services centers where he/she is treated for a terminal illness or when he/she is the client of any social services operators? Can we donate validly to doctors, other medical staff, hospital or social care institutions? Who can invoke the nulity of donation contractt, and for how long?