Affari amicali o familiari. Il discrimen tra la donazione rimuneratoria e l’obbligazione naturale

Abstract

In friendship or family relationships, deals are often made without reflecting the real market value of performances or the goods exchanged. After some reflections on the consequences of a "considerable disproportion" between the performances in a contract of sale and on the negotium mixtum cum donatione, the essay examines remunerative donations and natural obligations, which are often evoked in these situations. In particular, the author analyses the "discrimen" between remunerative donations and natural obligations, with the aim of clarifying their admissible uses in the realisation of friendly or family deals.