Dation Explained: Legal Definition and Key Insights

Definition & Meaning

Dation is the act of granting something to a person who is entitled to receive it. This term is often used in legal contexts to describe the transfer of rights or property without any intention of generosity or charity. Unlike a donation, which is typically a voluntary gift made out of goodwill, dation involves fulfilling an obligation or entitlement. For example, appointing someone to a public office can be considered a form of dation.

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Real-world examples

Here are a couple of examples of abatement:

Here are a couple of examples of dation:

  • A local government grants a lease of land to a business that has successfully bid for it. This is a dation as the business is entitled to the lease based on the bidding process.
  • A parent transfers ownership of a family-owned vehicle to their child who is legally entitled to it as part of an inheritance. (hypothetical example)

State-by-state differences

Examples of state differences (not exhaustive):

State Key Differences
California Dation may require specific forms for property transfers.
New York Legal documentation is often needed to establish entitlement.
Texas State laws may have specific provisions for dation in real estate.

This is not a complete list. State laws vary and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Key Differences
Dation Granting something to someone who is entitled to it. Involves legal entitlement, not generosity.
Donation A voluntary gift given without expectation of return. Made out of goodwill, not obligation.
Transfer The act of moving ownership from one party to another. Can be voluntary or involuntary, not limited to entitlements.

What to do if this term applies to you

If you believe dation applies to your situation, consider the following steps:

  • Determine if you have a legal entitlement to the item or right being granted.
  • Gather any necessary documentation to support your claim.
  • Explore US Legal Forms for templates that can help you formalize the dation process.
  • If your situation is complex, consider consulting a legal professional for tailored advice.

Quick facts

Attribute Details
Legal Context Civil law
Documentation May be required
Common Areas Property rights, contracts

Key takeaways

Frequently asked questions

Dation is based on legal entitlement, while donation is a voluntary gift given without expectation of return.