Legal Definitions - donatio inter virum et uxorem

Donatio inter virum et uxorem is a Latin legal term originating from Roman law that translates to "donation between husband and wife." It refers to any gift or transfer of property made by one spouse to the other.

Under the principles of Roman law, gifts between spouses were generally considered invalid. This rule was primarily intended to prevent one spouse from impoverishing themselves by giving away too much to the other, or to avoid situations where one spouse might exert undue influence over the other to acquire their assets. However, there were specific exceptions, such as modest or "suitable" gifts given for special occasions (like anniversaries or birthdays). Furthermore, a gift that was initially invalid could become legally binding if the spouse who made the gift died without having revoked it.

Here are some examples illustrating this concept:

• Example 1 (Invalid Large Gift): A wealthy Roman senator, Gaius, decides to gift his wife, Livia, a large country villa and a significant sum of money, representing a substantial portion of his personal fortune. Under the principle of donatio inter virum et uxorem, this gift would typically be considered invalid. The law aimed to prevent such large transfers of wealth between spouses that could potentially leave the donor impoverished or be the result of undue influence, thus protecting the financial stability of the family unit.

• Example 2 (Valid Suitable Gift): For their wedding anniversary, a Roman wife, Julia, presents her husband, Marcus, with a finely crafted silver signet ring. This gift, being of a reasonable value and given for a customary occasion, would likely fall under one of the recognized exceptions to the general rule. Therefore, despite being a gift between spouses, it would be considered a valid and legally binding donation.

• Example 3 (Gift Confirmed by Death): A Roman merchant, Lucius, gifts his wife, Cornelia, a valuable collection of rare manuscripts. While this gift might initially be invalid under the general rule of donatio inter virum et uxorem due to its significant value, Lucius never takes any steps to revoke or reclaim the manuscripts. If Lucius subsequently passes away, the gift of the manuscripts to Cornelia would then be confirmed and become legally valid, as the donor died without revoking the donation.