The place of the gift
One of the most intriguing challenges in the private law is to find an appropriate systematic placement for the law of gifts. The unanimous view in the contemporary civil law is that the gift is a contract. The common law considers gift giving principally as a form for the transfer of property rights. This chapter evaluates whether the gift is properly considered to be a contract. It also evaluates suggested legal characterizations of gift law under succession law, family law, property law, and restitution law. The book concludes by suggesting that the gift giving and the law are largely irreconcilable fields of social practice.
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