CONFIRMATIO DONATIONIS, INTER VIVOS FACTA, IN ROMAN LAW, AND ITS RECEPTION UNTIL THE MODERN AGE

Abstract

There are many institutions of Roman law that were taken over by medieval canon law, some of which were incorporated into the codified law of the 20th
century. We would like to emphasise that the reception of Roman law did not mean a complete and literal transcription of the Roman rules, but that in many cases they were modified by the law of the Church, in order to adapt them to the reality of its spiritual purpose, but also of the Christian society with different values and juridical schemes to those of today. In this second aspect, the
donatio inter vivos, whose applicable regime is the Justinian one, and irrevocable since classical times, in the light of a Mirobrigian notarial deed of 1604, suffered the addition of a specific note, for the case of the business carried out by a Hispanic bishop in the Modern Age, which was null and void, if he manifested his will, complying with what was prescribed by law, both in form and content, a few dates before his death