This chapter discusses the capacity needed to give and receive gifts. It considers the restrictions imposed by legal systems on gift giving by minors, adult incompetents, those suffering civil death, married women, government entities, and business associations. The chapter then examines the limits imposed by legal systems on the ability to receive gifts. In civilian systems, the limitations raise some of complex questions. There are three principal concerns. First, capacity to receive is denied to individuals or entities that do not exist, or are not determinable, at the moment the gift is made. Second, capacity is denied to implement protective or penal policies. Finally, gifts are prohibited within specified relationships.
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