Galba undid himself by that speech, legi a se militem, non emi; for it put the soldiers out of hope of the donative
. Probus likewise, by that speech, Si vixero, non opus erit amplius Romano imperio militibus; a speech of great despair for the soldiers.
They then repeated their cry of Largesse, to which Cedric, in the height of his joy, replied by an ample donative
, and to which Athelstane, though less promptly, added one equally large.
standard to donative
capacity, particularly where the durable power of
He is a member of the ABA Committee on Government Submissions, American College of Tax Counsel, the American College of Trust and Estate Counsel, American Tax Policy Institute, American Law Institute, and member of the Consultative Groups on Restatement (Third) of Donative
Transfers and Restatement (Third) of the Law of Trusts.
The eighth edition features increased coverage of the debate over the traditional approach (formalities-intent) versus the modern approach (intent-formalities); expanded treatment of the debate over who qualifies as a "spouse" and "child" for inheritance purposes; updates in the courts' power to reform a written instrument as applied to wills, trusts, and other donative
documents; and updates on estate and gift taxes.
intent on the part of the transferor is not an essential element in the application of the gift tax to the transfer.
But even in an intra-family transaction, if substantially equal values are exchanged and there is no donative
intent found, there will be no gift.
(73) In light of these facts, the court found that the research participants, at the time they consented, possessed the requisite donative
intent to make a gift of their tissue, the delivery of which WU subsequently accepted.
In order for this operation to be successful--that is, to be logically rational in spite of its very high cost in terms of sacrifice and renunciation--it is not only necessary that such common munus be deprived of its character as donative
excess in favour of its character as defect, but also that this defect as lack--in the neutral sense of the Latin delinquere--be understood in terms of a real 'delict' [delitto], a crime, or even a unstoppable chain of potential crimes.
(53) Cases as early as 1737 used the concept of undue influence in transactions involving parents and children, (54) but it was not until the nineteenth century that the concept of undue influence took hold in England, first in the context of inter vivos donative
transactions and then in the context of wills.
This means that in the Trinity the Father alone is purely donative
, the Holy Spirit alone purely receptive, and the Son alone is both receptive and donative
: receptive in relation to the Father, donative
in relation to the Holy Spirit.