§ V. In What Mode Donation Ought to Be Accepted

886. Preliminary Notes. - From the very definition of the contract of donation it is manifest that, for its essence, it is altogether required that the donation be accepted; indeed in such a way that before acceptance it produces of itself no obligation, and consequently can be revoked by the donor at pleasure. What has not been accepted is not judged donated. Thus, St. Alphonsus testifying,¹ the common opinion, founded especially on this argument: that no one can transfer his right or dominion into another unless the other wills to accept it and in fact accepts it. For although anyone by his will alone can lose his own right or dominion, nevertheless he cannot by his will alone effect that it pass into another, since for this the consent of the other is necessarily required, i.e. the union of the will on the part of the one accepting with the will on the part of the one transferring.

887. • These things having been noted beforehand concerning the necessity of acceptance for a valid donation, the legitimate requisites of acceptance must now be set forth.

The 1st is, that the donation be accepted by the donee himself or by a third party who legitimately conducts his place. The 2nd, that acceptance be made while the donor is living.

888. Questions. - Query 1° What is required that a donation in favor of an absent person be valid?

Resp. Donation, just as also promise, made to an absent person through letters written expressly to him, or through a messenger or procurator, ought to be accepted before the messenger or him who represents the donor, or through other letters sent to the donor on the part of the donee; otherwise it cannot be established that there is mutual consent of donor and donee into the same agreement.²

Query 2° What if the donor, a messenger having been sent, has revoked the donation?

Resp. 1° If the donor revokes the donation before it is accepted, and the revocation becomes known to the messenger whom he sent, now the messenger can effect nothing further; since all power of offering or handing over has been taken away from him.¹

Resp. 2° But if the revocation does not become known to the messenger before execution, then it must be distinguished: either he behaves only in the manner of a messenger reporting the donation of another, or handing over the thing, or he has a mandate of making the donation. If the former, by the revocation made the subsequent donation is voided, because consent on the part of the donor is altogether lacking. If the latter, his acts are valid, and the donation can be validly accepted. For one mandating is bound to hold ratified that which, by force of the mandate, has been done in good faith in his name.

889. • Query 3° What must be held concerning the acceptance of donation TO PIOUS CAUSES?

Resp. Abstraction being made from merely civil dispositions, which do not touch the value of a pious donation for the internal forum, the proposed question must be solved with a distinction, namely:

Either it is a question of a donation which is made immediately to God and which therefore puts on the nature of a vow and is usually called from a vow; for example, I promise or donate to God this sum of money for an altar to be erected in a Church for the celebration of Mass;

Or it is a question of a donation which is made immediately to the Church itself or to a pious cause; for example, I donate this sum of money, not immediately to God Himself, but to the Religious Institute itself for the care of the sick.

If the first: the donation is valid of itself without any acceptance on the part of the Church or the pious cause, because then the donation, as was said, behaves in the manner of a vow, which is judged to be accepted at once by God Himself.

If the second: more probably, according to the opinion of several Authors, acceptance is necessary for the value of the donation; because then the donation behaves in the manner of a contract, which is not perfected without the consent of each party. Yet they add that this acceptance can validly be made in the name of the Church by any particular person whatever.

But if, concerning donations of this kind to pious causes, a doubt occurs about the intention of the donor, namely whether the one donating wished to donate immediately to God, or to the pious cause, in practice this rule, handed down by St. Alphonsus¹ from Lugo, is to be held: in such a doubt it must be presumed that the one donating had the intention of donating immediately to God, or the intention of vowing; because according to what commonly happens in pious causes the will of the donor is borne primarily into God, and from what commonly happens a solid presumption stands.

Moreover, where such are the circumstances of things that a place remains for obscurity, the Ordinary is to be consulted, to whom from the Council of Trent belongs a special care of pious dispositions.

890. • Query 4° Is a donation valid if the donor dies before acceptance?

Resp. Negatively, if he gave only a mandate of making a donation. But St. Alphonsus does not judge the opposite improbable.² Affirmatively, probably, if the donation has already been made, and the one donating before death sends a messenger or letter to manifest it.

Query 5° If the donee has died before acceptance, can his heir accept the donation?

Resp. More probably negatively, because the heir indeed succeeds to the real rights of the deceased, but not to personal rights, of which kind is the right of accepting a donation; unless perhaps he is the son of the donee, because then it would be presumed that such was the mind of the donor, as some admit, if not by strict right, at least from a certain equity.

Query 6° Does a sworn donation, but not accepted, obligate?

Resp. Negatively, because an oath follows the nature of the act; but a donation before acceptance is not firm. Therefore³ ...