Chapter II. Gifts

A GIFT is a unilateral contract by which property is gratuitously transferred to another. It differs from a promise in that it takes effect at once, while a promise regards the future, and from such contracts as sale and exchange in that it is gratuitous. A gift iter vivos is distinguished from a gift mortis causa in that the latter is made in contemplation of death and becomes irrevocable only if death follows. If death does not ensue, a gift mortis causa is thereupon revoked. A gift inter vivos was revocable by Roman law on account of ingratitude and for certain other reasons; by English law such a gift is irrevocable (cf. Can. 1536).

By the law of nature any property may be transferred to another by gift provided that the donor is capable of making a valid gift, and it is accepted by the donee. Positive law requires other conditions to be fulfilled in order that a gift may be recognized and enforced in the civil courts. Thus English law requires a gift of chattels to be completed by actual delivery unless it is made by deed. Certain kinds of property can only be given by deed. These and similar provisions do not invalidate a gift which is made without the formalities required by law, but if a gift is disputed, and the authority of the law is invoked, both parties must stand by the decision of the Court. A gift to pious causes is governed by ecclesiastical law, which requires for its validity nothing more than what is necessary by the law of nature (Can. 1513, 2348).

The Church prescribes that in gifts made to the Church or pious causes, the formalities required by civil law should be observed as far as possible,