Legal Definitions - donum gratuitum

A donum gratuitum is a Latin term that translates to a "gratuitous gift." In legal terms, it refers to a transfer of property or a benefit that is given freely and voluntarily, without any expectation of receiving something in return. This means the giver does not anticipate any form of payment, service, or reciprocal benefit from the recipient. It is a pure gift, motivated by generosity, goodwill, or affection, and is not part of a bargain or exchange.

Here are some examples to illustrate the concept of a donum gratuitum:

• Example 1: Birthday Present
  A parent buys their adult child a new car for their birthday. The parent gives the car with no expectation that the child will pay them back, perform specific chores, or provide future services in exchange for the vehicle. The transfer is purely out of parental affection and generosity.

  This illustrates a donum gratuitum because the car is given without any legal obligation or expectation of consideration (something of value in return) from the child. It is a voluntary act of giving.

• Example 2: Charitable Donation
  An individual donates a substantial sum of money to a non-profit organization dedicated to environmental conservation. The donor receives a tax receipt, but they do not expect any goods, services, or specific performance directly from the organization in return for their contribution, beyond the general fulfillment of its mission.

  This is a donum gratuitum because the money is given freely to support a cause, without the donor entering into a contractual agreement for specific goods or services from the charity. The primary motivation is philanthropic.

• Example 3: Act of Kindness Among Neighbors
  A homeowner notices their elderly neighbor's lawn is overgrown and, without being asked or expecting payment, mows it for them. The neighbor expresses gratitude but does not offer or owe any compensation for the service.

  This demonstrates a donum gratuitum because the act of mowing the lawn is performed voluntarily and out of goodwill, with no prior agreement or expectation of payment or reciprocal service from the neighbor. It is a benefit freely conferred.