Maxim 5.4.12
Some gifts are perfect, others incipient and not perfect; as if a gift were read and granted, but delivery had not yet followed.
Donationum alia perfecta, alia incepta et non perfecta; ut si donatio lecta fuit et concessa, ac traditio nondum fuerit subsecuta.
Source: Co. Litt. 56; Jackson
Difficulty 1/5 — Foundational
Explanation
A gift is imperfect until delivery is complete — a declared intent to give, even formally recorded, does not transfer ownership without actual or constructive delivery to the donee.
Where this applies
- I transferred money to my sister and she says it was a gift — I say it was a loan.
- My ex claims I gave them my car, but I just let them borrow it.
Cite this maxim
NeCede Max. 5.4.12 — Some gifts are perfect, others incipient and not perfect; as if a gift were read and granted, but delivery had not yet followed. — Co. Litt. 56; Jackson (Donationum alia perfecta, alia incepta et non perfecta; ut si donatio lecta fuit et concessa, ac traditio nondum fuerit subsecuta.)
Found an error? Suggest a correction →