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universul juridic magazin

Mutual liberalities

The study entitled „Mutual liberalities” proposes to analyze two legal institutions in an extremely brief manner, in the light of the present Civil Code, the first (mutual gifts) not expressly regulated, and the second (mutual wills) being expressly forbidden. Following the performed analysis which comprised also among others, the explanation of the phrase “liberal intention” of the essence, within the limits of an extremely doubtful doctrine, in the matter of the liberalities, we reached various conclusions in relation to the premises from which the legislator began the regulation or the interdiction of certain types of liberalities. Such being the case, we will notice that the mutual gifts may be permitted only under certain conditions, and the nullity affecting the mutual wills is not justi