Donatio in United States

Donatio Definition

(Lat. a gift). A transfer of the title to property to one who receives it without paying for it. Vicat. The act by which the owner of a thing voluntarily transfers the title and possession of the same from himself to another person, without any consideration. Its literal translation, gift, has acquired in real law a more limited meaning, being applied to the conveyance of estates tail. 2 Bl. Comm. 316; Litt. § 59; West, Symb. §254; 4 Cruise, Dig. 51. There are several kinds of donatio, as donatio simplex et pura, simple and pure gift, without compulsion or consideration; donatio absoluta et larga, an absolute gift; donatio conditionalis, a conditional gift; donatio atricta et coarctura, a restricted gift, as an estate tail. Donatio Inter Vivos. A gift between living persons. A contract which takes place by the mutual consent of the giver, who divests himself of the thing given in order to transmit the title of it to the donee gratuitously, and the donee, who accepts and acquires the legal title to it. This donation takes place when the giver is not in any immediate apprehension of death, which distinguishes it from a donatio mortis causa. 1 Bouv. Inst, note 712. See, also. Civ. Code La. art. 1453; Inst. 2. 7. 2; Cooper, Inst, notes 474, 475; U. S. Dig. tit. “Gift.” Donatio Mortis Causa. A gift in prospect of death. A gift made by a person in sickness, who, apprehending his dissolution near, delivers, or causes to be delivered, to another,, the possession of any personal goods, to keep as his own in case of the donor’s decease. 2 Bl. Comm. 514. See Civ. Code La. art. 1455. The civil law defines it to be a gift under apprehension of death; as when anjrthing is given upon condition that if the donor dies, the donee shall possess it absolutely, or return it if the donor should survive, or should repent of having made the gift, or if the donee should die before the donor. 1 MJles (Pa.) 109-117. A donatio causa mortis is sometimes considered as a species of legacy, and it is always accompanied with the implied trust or condition that, if the donor lives, the property shall revert to himself, being given only in contemplation of death. 2 Bl. Comm. 514. 1 White’s Equity Cases, 602, 603. It is indispensable to its validity that it be accompanied and perfected by a present delivery of the subject of the gift, according to the manner in which it is capable of being delivered. 2 Kent’s Com. 445-448, and notes. It differs from a legacy, inasmuch as it does not require proof in the court of probate, 2 Strange, 77; 1 Bligh (N. S.) 531, and no assent is required from the executor to perfect the donee’s title, 2 Ves. Jr. 120; 1 Sim. & S. 245. It djffers from a gift inter vivoa because it is ambulatory and revocable during the donor’s life, because it may be made to the wife of the donor, and because it is liable for his debts. Donations or gifts of this kind are derived entirely from the civil law, and were introduced into England as early as the time of Bracton, who closely follows the language of the Digests. Bract, fol. 60.

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(Lat. a gift). A transfer of the title to property to one who receives it without paying for it. Vicat. The act by which the owner of a thing voluntarily transfers the title and possession of the same from himself to another person, without any consideration. Its literal translation, gift, has acquired in real law a more limited meaning, being applied to the conveyance of estates tail. 2 Bl. Comm. 316; Litt. § 59; West, Symb. §254; 4 Cruise, Dig. 51. There are several kinds of donatio, as donatio simplex et pura, simple and pure gift, without compulsion or consideration; donatio absoluta et larga, an absolute gift; donatio conditionalis, a conditional gift; donatio atricta et coarctura, a restricted gift, as an estate tail. Donatio Inter Vivos. A gift between living persons. A contract which takes place by the mutual consent of the giver, who divests himself of the thing given in order to transmit the title of it to the donee gratuitously, and the donee, who accepts and acquires the legal title to it. This donation takes place when the giver is not in any immediate apprehension of death, which distinguishes it from a donatio mortis causa. 1 Bouv. Inst, n
ote 712. See, also. Civ. Code La. art. 1453; Inst. 2. 7. 2; Cooper, Inst, notes 474, 475; U. S. Dig. tit. “Gift.” Donatio Mortis Causa. A gift in prospect of death. A gift made by a person in sickness, who, apprehending his dissolution near, delivers, or causes to be delivered, to another,, the possession of any personal goods, to keep as his own in case of the donor’s decease. 2 Bl. Comm. 514. See Civ. Code La. art. 1455. The civil law defines it to be a gift under apprehension of death; as when anjrthing is given upon condition that if the donor dies, the donee shall possess it absolutely, or return it if the donor should survive, or should repent of having made the gift, or if the donee should die before the donor. 1 MJles (Pa.) 109-117. A donatio causa mortis is sometimes considered as a species of legacy, and it is always accompanied with the implied trust or condition that, if the donor lives, the property shall revert to himself, being given only in contemplation of death. 2 Bl. Comm. 514. 1 White’s Equity Cases, 602, 603. It is indispensable to its validity that it be accompanied and perfected by a present delivery of the subject of the gift, according to the manner in which it is capable of being delivered. 2 Kent’s Com. 445-448, and notes. It differs from a legacy, inasmuch as it does not require proof in the court of probate, 2 Strange, 77; 1 Bligh (N. S.) 531, and no assent is required from the executor to perfect the donee’s title, 2 Ves. Jr. 120; 1 Sim. & S. 245. It djffers from a gift inter vivoa because it is ambulatory and revocable during the donor’s life, because it may be made to the wife of the donor, and because it is liable for his debts. Donations or gifts of this kind are derived entirely from the civil law, and were introduced into England as early as the time of Bracton, who closely follows the language of the Digests. Bract, fol. 60.

This definition of Donatio Is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.