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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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Gift capacity

Gift capacity


Hyland Richard

Oxford University Press

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.

Keywords:   gift law, law of gifts, gift giving, gift capacity, penal policies

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