DONATION IN THE SPANISH CIVIL CODE: NOTES ON THE CAPACITY OF THE PARTIES

The ability of parties to donate is studied, and particular reference is made to the Spanish and Colombian legislations. With regard to the European legislation, and although the Draft Common Frame of Reference (DCFR) has dedicated the title H of Book IV to the "contracts for the donation of goods", it is argued that it does noy contain any specific rule on the ability to be a donor or donee. In the laws studied, regarding the donor, the paper stresses the need for the free disposal of the goods and, as to the donee, the ability to accept conditional or onerous donation. More over, it analyzes what happens to the donations made to legally incapable persons and reference is made to donations made to unborn children.