The law of donation and the market: Scottish, Portuguese and French perspectives

K Law (General);KDC Scotland

Assis, João de Sousa ; Fundação para a Ciência e a Tecnologia ; Mair, Jane

University:University of Glasgow

Department:School of Law

关键词: Donation, European private law, Contract law, Portuguese law, Scots law, French law, law of donation, market, gratuity, gift.;   

Others  :  http://theses.gla.ac.uk/8218/1/2016AssisPhD.pdf

来源: University of Glasgow

【 摘 要 】

This thesis argues that donations are relevant in different contexts of life in society. It examines the way that donations have been connected with the family and argues that a comprehensive law of donation must also necessarily pay attention to donations made in different contexts of life, such as the market. Focusing on donations made in a market context, the present thesis will critically review the suitability of existing (national) laws of donation to regulate these donations. Three jurisdictions have been selected for this study: Scotland, Portugal and France. The choice of these three jurisdictions is based on the different policy considerations towards donation that helped to shape each one of them. In France, the protection of the family is of primary relevance to the law of donation; in Portugal, the law of donation is often set aside, gifts being instead regulated by non-legal normative rules (such as moral rules); and in Scotland, the law of donation exists as a complement to juridical acts primarily regulated by other laws (such as the law of warrandice or the law of promise). These national laws of donation will be critically reviewed in order to assess if they are fit to the purpose of regulating donations in the market context, in particular, by testing the protection conferred to a) the parties in the donation, b) third parties, and c) the community as a whole.