LA DONACIÓN CON CLÁUSULA DE REVERSIÓN. SU RÉGIMEN JURÍDICO, NATURALEZA Y EFECTOS.

Abstract

Gifts under a reversion clause are regulated in article 641 of the Spanish Civil Code, where Spanish legislation strays from the path followed by the law of other countries, such as France and Italy, which do not allow reversion to a third party. This means there is series of problems in Spanish law, problems that this paper considers. One such problem is whether reversion to the donor can be made to depend on the donor's wishes alone. Another is the problem of the donor's dying before the event triggering reversion has taken place. An analysis is given of the reversion procedure and the legal nature of reversion clauses. Classes of reversions are distinguished: Voluntary or conventional reservation under article 641 of the Civil Code is different from legal reservation as defined in article 812. Other issues include reversion to the donor versus reversion to a third party and the effects stemming from gifts made under a reversion agreement.