Legal Definitions - donatio inter vivos

Donatio inter vivos refers to a gift made by one living person to another living person. This type of gift takes effect immediately and is generally irrevocable, meaning it cannot be taken back by the giver once it has been properly given and accepted. For a gift to be considered a donatio inter vivos, there must be a clear intention by the giver to transferownership, and the gift must be delivered to the recipient.

Here are some examples to illustrate this concept:

• Example 1: Sarah decides to give her antique grandfather clock to her nephew, Michael, as a housewarming present. She arranges for the clock to be delivered to Michael's new home, and he accepts it gratefully. Sarah intends for Michael to own the clock outright and immediately.

  Explanation: This is a donatio inter vivos because Sarah (the giver) and Michael (the recipient) are both alive at the time of the gift. Sarah has a clear intention to transfer ownership, and the clock is delivered to Michael, who accepts it. The gift takes effect immediately and permanently.

• Example 2: Mr. Henderson, wanting to help his daughter Emily with her down payment for a house, transfers $25,000 from his bank account directly into Emily's savings account. He tells her the money is hers to use for the house.

  Explanation: This scenario represents a donatio inter vivos. Mr. Henderson and Emily are both living individuals. Mr. Henderson clearly intends to give the money to Emily, and the funds are delivered by being deposited into her account. The transfer of ownership is immediate and unconditional.

• Example 3: A local artist, Maria, creates a unique sculpture and decides to donate it to the community art gallery. She formally presents the sculpture to the gallery director at an unveiling event, signing a document that transfers ownership to the gallery.

  Explanation: This is also a donatio inter vivos. Maria (the living giver) transfers the sculpture to the art gallery (a legal entity considered "living" for this purpose) while both are in existence. There is a clear intention to give, and the sculpture is delivered and accepted, making the transfer of ownership immediate and permanent.