The phrase "donari videtur quod nulli jure cogente conceditur" translates to "that which is given is considered as granted under no legal compulsion." This legal maxim indicates that a gift or donation is valid only when it is made voluntarily, without any pressure or obligation from external sources. In essence, it emphasizes the importance of free will in the act of giving.
This maxim is often referenced in civil law, particularly in cases involving gifts, donations, and voluntary transfers of property. It underscores the principle that a valid gift must be made without coercion. Legal professionals may invoke this maxim in disputes over the validity of a gift, especially when there are claims of undue influence or coercion. Users can manage related legal matters by utilizing templates from US Legal Forms that are drafted by experienced attorneys.
Here are a couple of examples of abatement:
Example 1: A person decides to give their friend a car as a gift. Since there is no pressure or obligation involved, the gift is valid under this maxim.
Example 2: A parent pressures their child to transfer property to them under threat of disinheritance. In this case, the transfer may be contested as it lacks voluntary consent (hypothetical example).
Examples of state differences (not exhaustive):
| State | Key Differences |
|---|---|
| California | Emphasizes written documentation for gifts over a certain value. |
| New York | Requires witnesses for gifts of real property to be valid. |
| Texas | Allows for oral gifts under certain conditions, but documentation is recommended. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Gift | A voluntary transfer of property without compensation. | Focuses on the absence of coercion. |
| Contract | A legally binding agreement between parties. | Involves mutual consent and consideration, unlike a gift. |
| Donation | A gift made for charitable purposes. | May involve tax implications and specific regulations. |
If you are considering giving a gift or have questions about the validity of a transfer, ensure that the act is voluntary and free from coercion. Document the gift clearly to avoid future disputes. For assistance, explore US Legal Forms for ready-to-use templates. If your situation is complex or disputed, it may be beneficial to consult a legal professional.
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A gift must be made voluntarily, with clear intent, and without coercion.