单词 | DONATIO MORTIS CAUSA |
释义 | A gift made by a person in sickness, who, apprehending his dissolution near, delivers, or causes tobe delivered, to another the possession of any personal goods, to keep as his own incase of the donor’s decease. 2 Bl. Comm. 514. The civil law defines it to be a gift underapprehension of death; as when anything is given upon condition that, if the donordies, the donee shall possess it absolutely. or return it if the donor should survive orshould repent of having made the gift, or if the donee should die before the donor.Adams v. Nicholas. 1 Miles (Pa.) 109-117. A gift in view of death is one which is madein contemplation, fear, or peril of death, and with intent that it shall take effect only incase of the death of the giver. Civ. Code Cal. $ 1149. A donation mortis causa (inprospect of death) is an act to take effect when the donor shall no longer exist, bywhich he disposes of the whole or a part of his property, and which is irrevocable. Civ. Code La. art. 1469. |
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