 | This article incorporates unedited text from the public-domain Catholic Encyclopedia. It may be out of date, or may reflect the point of view of the Catholic Church as of 1913. (May 2012) |
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A donation, in the context of the canon law of the Roman Catholic Church, is the gratuitous transfer to another of some right or thing. When it consists in placing in the hands of the donee some movable object it is known as a gift of hand (donum manuale, an offering or oblatio, an alms). Properly speaking, however, it is a voluntary contract, verbal or written, by which the donor expressly agrees to give, without consideration, something to the donee, and the latter in an equally express manner accepts the gift. In Roman law and in some modern codes this contract carries with it only the obligation of transferring the ownership of the thing in question; actual ownership is obtained only by the real traditio or handing over of the thing itself, or by the observation of certain juridically prescribed formalities.[1]
Such codes distinguish between conventional (or imperfect) and perfect donation, i.e. the actual transfer of the thing or right. In some countries the contract itself transfers ownership. A donation is called remunerative when inspired by a sentiment of gratitude for services rendered by the donee. Donations are also described as inter vivos if made while the donor yet lives, and causa mortis, when made in view or contemplation of death; the latter are valid only after the death of the donor and until then are at all times revocable. They much resemble testaments and codicils. They are, however, on the same footing as donations inter vivos once the donor has renounced his right to revoke. In the pursuit of its end the church needs material aid; it has the right therefore to acquire such aid by donation no less than by other means. In its quality of a perfect and independent society the Roman Catholic Church may also decide under what forms and on what conditions it will accept donations made to works of religion (donationes ad pias causas; English: donations toward pious causes); it pertains to the State to legislate for all other donations.
- ^ L. 20, C. De pactis, II, 3