§ 2. On Donation

270. Notion. Donation or gift can be defined as "the liberal giving of one's own thing to another who accepts it."²¹ He who gives is called the donor; but he to whom something is given is called the donee.

Divisions. The more principal divisions of donation are the following:

1. A purely liberal donation and an antidoral or remuneratory donation. The first is that which supposes no obligation in the donor, either of justice or of gratitude. This alone is donation in the strict sense; hence, when in positive law several donations are prohibited or invalidated, e.g., those between spouses, donations of religious, or when donations are declared revocable because of the ingratitude of the donee, purely liberal donations alone are understood. The latter is that which supposes an obligation of gratitude.²²

2. A donation inter vivos, in prospect of death, or by testament. A donation inter vivos actually and irrevocably transfers ownership, at least radical ownership, of the donated thing to the donee; e.g., I give you this book. A donation in prospect of death transfers ownership indeed, but revocably until the donor's death; e.g., I give you the sum of 1,000 francs, to be possessed after my death; if, however, I shall otherwise have need of it, you will not have it. A donation by testament transfers no ownership until after the death of the testator, who during life can freely change his will. Therefore, in a donation inter vivos, ownership is transferred immediately and absolutely; in a donation in prospect of death, immediately but conditionally; and finally, in a donation by testament, only for the future.

3. A real or complete donation and a verbal or incomplete donation. The former is the real delivery of the donated thing, and consequently confers upon the donee a perfect right in the thing. E.g., an uncle gives his nephew 100 francs and immediately delivers this sum to him. The latter is that which is not accompanied by delivery of the donated thing and consequently confers only a right to the thing. E.g., I give you the salary which I myself shall have at the end of the month.

4. A pure donation and a qualified donation. The former is an absolute donation lacking every modification. The latter is a donation affected by some modification, of which there was discussion above, n. 261ff.; e.g., a donation under a condition, under a mode, under a demonstration, under oath, etc.

We shall treat: 1. donation in general; 2. donation inter vivos and donation in prospect of death; 3. donation by testament; 4. presumed donation, or intestate succession.

²¹ Cf. Billuart, De contract. diss. 3, a. 3.

²² Reward or remuneration (Belohnung).