Donation
Donation (donatio) was a legal act whereby a person gratuitously enriched another at his expense. It was required that the donor had the intention to make a donation (animus donandi) and that the donee accepted the gift.
The object of donation could be anything of value, such as transferring the ownership of an object, payment of or release from a debt, and the grant of a servitude or usufruct over property belonging to the donor. A donation might be revoked under certain circumstances (for example, if the donee committed an act of grave ingratitude against the donor).[898]color=black face="Times New Roman">In the classical period an agreement to give in donation (pactum donationis) was not legally enforceable but was only a cause (causa) for a legal act, such as the transfer of ownership over a thing. The intention to donate as such was not sufficient for ownership to pass—the handing over of the thing (traditio) to the transferee first had to take place. In the later imperial era, however, the agreement to make a gift became regarded as an independent legal act and, by the time of Justinian, it was effective and enforceable as a pactum legitimum.[899]
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More on the topic Donation:
- Donation
- Donation under the ius commune and in modern law
- The concept of donation in classicalRoman law
- The law of donation under Constantine
- Donatio Mortis Causa
- The prohibition of donationes inter virum et uxorem
- Justinian and the law of donations
- Sources and Classifications of Obligations
- Pretium verum
- The consensual element of mutuum
- Gratis habitare
- Partnership (societas)
- Changes in post-classical law
- Undue payment (solutio indebiti)