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GiftsA Study in Comparative Law$
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Richard Hyland

Print publication date: 2009

Print ISBN-13: 9780195343366

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780195343366.001.0001

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The gift promise

The gift promise

Chapter:
(p.317) 5 THE GIFT PROMISE
Source:
Gifts
Author(s):

Hyland Richard

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195343366.003.0005

Legal systems offer varying answers to the question of whether gift promises should be judicially enforced. The two principal legal families—the civil law and the common law—wrestle with different concerns, yet within each family the solutions diverge, particularly the extent to which gift promises are actually enforced. This chapter discusses the circumstances permitting enforcement, gift promise formalities and the executed gift, and defenses and other limitations.

Keywords:   legal systems, gift law, law of gifts, gift giving, civil law, common law

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