Donación (DCH) (Donation (DCH))

No. 2020-14

This article deals with the donation contract according to canon law, especially for the Spanish American context in the early modern times. Donation was of considerable relevance since it was a common practice in this period, often carried out in favor of God and the Church. The preservation of the assets of the Church, the responsibility of the clergy and the assistance to the faithful were important reasons for canon law to deal with this contract. The constituent elements, the classes, the restrictions, the defects and those situations of revocation of donations are developed in this article. Due to its importance, reference is made to “Bulls of Donation”. In the historiographic balance, we sought to identify the particularities of the legal institute worked by historiography, especially in the Indian context.