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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 place of the gift

The place of the gift

Chapter:
(p.575) 8 THE PLACE OF THE GIFT
Source:
Gifts
Author(s):

Hyland Richard

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195343366.003.0008

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.

Keywords:   gift law, law of gifts, gift giving, contract, succession law, family law, property law, restitution law, characterization

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