Apuntes sobre la competencia judicial internacional y la ley aplicable a las donaciones: antes y después del Reglamento Roma I

Abstract

The present article explores the questions relative to judicial international jurisdiction and applicable Law to donations and gifts. In particular, donations have provoked an interesting theoretical debate concerning the limits of party autonomy to designate the applicable Law in international cases. I addition to that, donations have always created doubts about the material scope of application of the Rome I and Brussels I Regulations. Qualification is another classic problem regarding donations. Donations can be considered as contracts or unilateral acts. The present study deals with the legal treatment of the international donations in Rome I and Brussels I Regulations taking into account that these legal instruments have no specific rule on donations. On the other hand, the present work shows a wide array of potential solutions with regard to the Law applicable to the donations that take place in the area of Family Law.