Vaguedad del hecho ofensivo en la revocatoria de donación por ingratitud.

Abstract

In the Civil Code’s book III, Title XIII, where everything concerning donations inter vivos is developed, we find the figure of revoking the donation due to ungratefulness. Article 1444 says that “a donation inter vivos can be revoked due to ungratefulness” and that ungratefulness refers to “any offensive act by the donee, which made them unworthy of inheriting the donor”. When starting the procedural plane it becomes unnerving to establish what is an offensive act, something which is left vague, obscure and undetermined. It is clear that it makes no reference only to acts of criminal nature, but rather of moral or ethical nature, however even for this, there must be parameters to consider and not to be left in a subjective fashion. Therefore, the hypothesis revolves around the danger of the indeterminacy of the offensive act reach, and why there ought to include some criteria or examples.