Gift

Gift in United States

Gift Definition

A voluntary conveyance; that is, a conveyance not founded on the consideration of money or blood. The word denotes rather the motive of the conveyance, so that a feoffment or grant may be called a gift when gratuitous. A gift is of the same nature as a settlement, neither denotes a form of assurance, but the nature of the transaction. Watk. Conv. (Preston Ed.) 199. The operative words of this conveyance are do, or dedi, I give, or I have given. The maker of this instrument is called the donor, and he to whom it is made, the donee. 2 Bl. Comm. 316; Litt. 59; Shep. Touch, c. 11. Gifts inter vivos are gifts made from one or more persons, without any prospect of immediate death, to one or more others. Gifts causa mortis are gifts made in prospect of death, and on the implied condition that they shall be of no effect if the donor shall recover. 49 N. Y. 17. See Donatio.

Gift in Foreign Legal Encyclopedias

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Gift Gift in the European Legal Encyclopedia.
Gift Gift in the Asian Legal Encyclopedia.
Gift Gift in the UK Legal Encyclopedia.
Gift Gift in the Australian Legal Encyclopedia.

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Gift Gift in the Family Law Portal of the American Encyclopedia of Law.
Gift Gift in the IP Portal of the American Encyclopedia of Law.
Gift Gift in the Commercial Law Portal of the American Encyclopedia of Law.
Gift Gift in the Criminal Law Portal of the American Encyclopedia of Law.
Gift Gift in the Antritrust Portal of the American Encyclopedia of Law.
Gift Gift in the Bankruptcy Law Portal of the American Encyclopedia of Law.
Gift Gift in the Constitutional Law Portal of the American Encyclopedia of Law.
Gift Gift in the Tax Law Portal of the American Encyclopedia of Law.
Gift Gift in the and Finance and Banking Portal of the American Encyclopedia of Law.
Gift Gift in the Employment and Labor Portal of the American Encyclopedia of Law.
Gift Gift in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Gift Gift in the Environmental Law Portal of the American Encyclopedia of Law.

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Gift in the Dictionaries Gift in our legal dictionaries
http://lawi.us/gift The URI of Gift (more about URIs)
Gift related entries Find related entries of Gift

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Legal Issue for Attorneys

A voluntary conveyance; that is, a conveyance not founded on the consideration of money or blood. The word denotes rather the motive of the conveyance, so that a feoffment or grant may be called a gift when gratuitous. A gift is of the same nature as a settlement, neither denotes a form of assurance, but the nature of the transaction. Watk. Conv. (Preston Ed.) 199. The operative words of this conveyance are do, or dedi, I give, or I have given. The maker of this instrument is called the donor, and he to whom it is made, the donee. 2 Bl. Comm. 316; Litt. 59; Shep. Touch, c. 11. Gifts inter vivos are gifts made from one or more persons, without any prospect of immediate death, to one or more others. Gifts causa mortis are gifts made in prospect of death, and on the implied condition that they shall be of no effect if the donor shall recover. 49 N. Y. 17. See Donatio.

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Notice

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

Practical Information

Note: Some of this information was last updated in 1982

A voluntary transfer of property made gratuitously, and not for any consideration (in U.S. law). A gift inter vivos is perfected when there is an intent of the donor (in U.S. law) to make a gift, a delivery of the gift, and an acceptance by the donee (in U.S. law) . Control over the subject of the gift is lost by the donor upon delivery, and the gift takes effect immediately. There can be no revocation of such a gift by the donor. A gift causa mortis is made by the donor in contemplation of his or her death from some existing ailment or some other impending peril. If the donor does not recover, the gift takes effect upon death; the gift is void if the donor does recover. It has beep held that real estate cannot be the subject of a gift causa mortis. The gift may be revoked by the donor any time until death.

(Revised by Ann De Vries)

What is Gift?

For a meaning of it, read Gift in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Gift.

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See Also

  • Legal Topics.
  • Anality; Money in psychoanalytic treatment

    fear the Greeks bearing gifts, Greek gift, seven gifts of the holy spirit, the gift of tongues

    Further Reading (Books)

    Abraham, Karl. (1966). Examen de l’étape prégénitale la plus précoce du développement de la libido. Complete works, vol. 2, 1915-1925. (pp. 231-254) (I. Barande, Trans.) Paris: Payot. (Original work published 1916)

    (1979). A particular form of neurotic resistance against the psycho-analytic method. (pp. 303-311) In Selected papers of Karl Abraham, M.D. (Douglas Bryan and Alix Strachey, Trans.) New York: Brunner/Mazel. (Original work published 1927)

    Freud, Sigmund. (1908b). Character and anal erotism. SE,9: 169-175.

    (1916-17e). On transformations of instinct as exemplified in anal erotism. SE, 17: 127-133.

    (1918b). From the history of an infantile neurosis. SE, 17: 1-122.

    (1920g). Beyond the pleasure principle. SE, 18: 1-64.

    Klein, Melanie. (1975). The psycho-analysis of children. (Alix Strachey, Trans.) London: Hogarth Press. (Original work published 1932)

    Further Reading (Articles)

    Gifts just don’t hold same significance they once did: People are more than willing to return things they don’t like, Charleston Daily Mail; May 17, 2006; SHANKAR VEDANTAM

    Gift Cards Go Digital: Restaurants like Red Lobster Turn to eGift Cards Instead of Plastic, Seafood Business; December 1, 2012

    GIFT GIVERS LISTENING TO RECIPIENTS AS GIFT CARD SPENDING EXPECTED TO RISE. States News Service; November 17, 2010

    Taxable Gifts in 2010 – Opportunity Knocks, But The Door Is Closing. Mondaq Business Briefing; October 27, 2010

    Gifts.com, the Destination for Expert Gift Ideas Launches First Annual Giftee Awards Naming the Best Gifts of 2011. Marketing Weekly News; September 24, 2011

    Gift Cards: Opportunities And Issues For Retailers.(Survey), Mondaq Business Briefing; March 1, 2011

    Gift giving is big business. (direct marketing tips), Target Marketing; Fe
    bruary 1, 1998; Friesen, Pat

    Gift Cards Can Make Life Easier, The Buffalo News (Buffalo, NY); December 22, 2013; Rhone, Nedra

    Gift Taxes: Beyond the $325,000 Exemption Increase, The CPA Journal; April 1, 2002; Aaronson, Marc A.

    2008 Gifts. Statistics of Income. SOI Bulletin; March 22, 2011; Belvedere, Melissa J.

    Gift taxes: getting shortchanged by the $25,000 lifetime exemption increase. The Tax Adviser; August 1, 1998; Harrison, Robert E.

    Gifts.com Launches 1st Annual Giftee Awards, Wireless News; September 9, 2011

    Gifts of a child; Plainfield children reflect on meaning of holiday generoslity, The Sun – Naperville (IL); December 19, 2001; Janet Prasad

    Gift cards, certificates and profits.(By the Numbers), Specialty Coffee Retailer; October 1, 2009; Battersby, Mark E.

    Lifetime Gifts.(gift tax), Mondaq Business Briefing; September 30, 2004

    Gift Determined with Reference to Assumption of Potential Estate Tax Liability, The Tax Adviser; December 1, 2013; Beavers, James A.

    Gifts, cash, and stigma, Economic Inquiry; July 1, 2002; Waldfogel, Joel

    Gifts in excess of the applicable exclusion amount. The Tax Adviser; June 1, 1999; Ransome, Justin P.

    Gift Certificate, Everyday Finance: Economics, Personal Money Management, and Entrepreneurship; January 1, 2008

    Gifts that work: the business of giving gifts.(Giftgiving), Utah Business; November 1, 2003; Hengesbaugh, Mark Gerard

    United States Gift and Tax Law

    There are more details about United States Gift in thetax compilation of the legal Encyclopedia.


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