Legal Definitions - pro donatione

Pro donatione is a Latin legal phrase that translates to "as a gift" or "as in the case of a gift." It describes a situation where an individual possesses an item because they genuinely believe it was given to them as a gift, even if the formal legal requirements for a complete and valid transfer of ownership were not fully met. This belief that the item was received as a gift is a significant factor, as it can sometimes be a basis for eventually acquiring full legal ownership through continuous, long-term possession, even if the initial transfer was flawed.

Here are some examples to illustrate this concept:

• Imagine an elderly aunt tells her niece, "This antique family heirloom necklace is yours now," and hands it to her. The niece proudly wears the necklace for twenty years, believing it was a genuine gift. However, it is later discovered that the aunt never formally updated her will to reflect this transfer, and other heirs dispute the niece's ownership after the aunt's passing. In this scenario, the niece possessed the necklace pro donatione because she genuinely believed it was a gift, even if the legal formalities for a perfect transfer were not completed.

• Consider a situation where a father tells his son, "You can have my old classic car," and gives him the keys and the car itself. The son takes possession, maintains the car, and drives it for many years, assuming it's legally his. Unbeknownst to them, the father had a lien on the car that was never properly discharged, meaning he didn't have full clear title to give. The son's possession of the car, based on his belief that it was a gift, would be considered pro donatione, potentially allowing him to eventually claim full ownership after a sufficient period of time, depending on the jurisdiction's laws.

• A homeowner allows a friend to live in a small guest house on their property, telling them, "Consider this your home, a gift for all your help over the years." The friend lives there for a decade, paying no rent, maintaining the property, and making minor improvements, genuinely believing they have been given a permanent right to reside there. If the homeowner later tries to evict the friend, the friend's long-term possession, based on the belief of a gift, could be argued as pro donatione, potentially establishing a claim to a right of use or even ownership interest, depending on local property laws regarding adverse possession or prescriptive rights.