Donatio Non Praesumitur: The Legal Principle Behind Gift Presumption
Definition & Meaning
The term "donatio non praesumitur" translates to "donation is not presumed." This legal maxim indicates that a gift cannot be assumed without clear evidence of the donor's intention. In legal terms, a gift refers to a voluntary transfer of property or rights made without expecting anything in return. Therefore, unless the donor explicitly states their intention to give, a deed cannot be classified as a gift.
Legal Use & context
This term is primarily used in civil law contexts, particularly in matters involving property transfers and estate planning. It is essential in determining whether a transfer of assets should be considered a gift or a transaction with a different legal implication. Users may encounter this maxim when dealing with wills, trusts, or property disputes. Legal templates available through US Legal Forms can assist individuals in drafting documents that clearly express the donor's intentions, thereby avoiding disputes over presumed gifts.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A parent transfers ownership of a vehicle to their child without any written agreement. In this case, if the parent did not explicitly state that it was a gift, it may not be presumed as such.
Example 2: A friend gives another friend a piece of artwork, but there is no written note indicating it is a gift. If the friend later claims they were merely loaning the artwork, the presumption of a gift may not hold without clear evidence. (hypothetical example)