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NeCede's

Maxim 5.4.1

A gift is perfected by the possession of the receiver.

Donatio perficitur possessione accipientis.

Source: Jenk. Cent. 109, case 9; 2 Kent, Comm. 438; Ewing v. Ewing, 2 Leigh (Va.) 337; Weisman, 48s Difficulty 1/5 — Foundational

Explanation

No gift is complete until the thing given passes into the hands of the recipient — intent alone does not transfer property.

Where this applies

  • My grandfather said he was giving me his watch but never actually handed it over before he died.
  • A friend promised me their old car but it's still sitting in their driveway.

Topics

Gift & Grant

Legal domains

property

See also

Cite this maxim

NeCede Max. 5.4.1 — A gift is perfected by the possession of the receiver. — Jenk. Cent. 109, case 9; 2 Kent, Comm. 438; Ewing v. Ewing, 2 Leigh (Va.) 337; Weisman, 48s (Donatio perficitur possessione accipientis.)

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