贈(zèng)與（gift）是某人將自愿將其財(cái)產(chǎn)轉(zhuǎn)讓給另一個(gè)人,并不附加任何條件和補(bǔ)償。（A gift
is a present transfer of property by one person to another without
any consideration or compensation）
要使贈(zèng)與行為有效,須符合以下三個(gè)要素（Three requirements）:第一,必須正式移交或音樂(lè)會(huì)所贈(zèng)與的財(cái)產(chǎn)；第二,必須是贈(zèng)與人的主觀意愿；每三,必須被接受。
There are three requirements for the making of a valid gift:
（1） there must be a delivery from the donor to the donee； （2）
the donor must possess an intent to make a present gift； and
（3） the donee must accept the gift.
贈(zèng)與可以分為兩類:
生前贈(zèng)與（Gifts inter vivos）,
臨終贈(zèng)與（Gifts causa mortis）
所謂生前贈(zèng)與是指贈(zèng)與人在其正常生活期間所進(jìn)行的贈(zèng)與行為。這種贈(zèng)與是不可撤銷的。而臨終贈(zèng)與是指贈(zèng)與人在處于生命垂危時(shí)所進(jìn)行的贈(zèng)與,這種贈(zèng)與在一定情況是可以改變的。
Gifts inter vivos-An inter vivos gift is a gift made during
the donor's life when the donor is not under any threat of impeding
death. An inter vivos gift, once made is irrevocable
Gifts causa mortis- a gift causa mortis is a gift made in contemplation
of immediately approaching death. A gift causa mortis is revoked
if the donor recovers from the illness that prompted the gift
交付是贈(zèng)與的有效要素之一。交付可以分為以下三類:
實(shí)際交付（Actual physical Delivery）這個(gè)好理解。
推定交付Constructive delivery）- it is handing over the means of
obtaining possession such as the keys to a car for example.
However when the articles or goods are present and able to then
physical delivery must occur.
象征性交付（Symbolic delivery ）- handing over something that is symbolic
to the property given such as a writing. Notice that once again
if physical delivery can occur it must occur.
下面是關(guān)于交付的幾個(gè)例子,請(qǐng)讀者仔細(xì)閱讀:
Examples of different types of delivery
1. A finds O's mislaid ring. O say to A it's yours. A keeps
it. O changes her mind. Who has title O or A？ A has better right
to the property because the elements are sought. The delivery
aspect is met because A has possession.
2. A finds O's mislaid ring. A returns it to O. O looks at it
and says to A: "Its your." O takes it to have it downsized
for A. O is killed. Who has title, O or A？ O has better title
because A did not have possession of it. The transfer of the
ring existed before the intent to give was made. A gave the
ring back to O so manual transfer was not made.
3. A finds O's mislaid ring. A returns it to O. O says I promise
to leave it to you when I die. O is killed. Who has title, O
or A. Without a will, future intent does not qualify. It has
to be present intent to kill
4. O gives savings bank book to B. （Bank permits book holders
to withdraw funds）。 O dies before B takes money out. Who has
title to the savings account？ B because we have constructive
delivery
5. O gives B check. O dies before B can cash it. Is check good？
Holding- no gift until check paid because donor retains dominion
and control of funds.
6. O gives A written instrument: I give you my wristwatch. O
reneges. This is valid gift because symbolic delivery is satisfied.
7. O hands A the leash to his pit-bull saying "Here take
this" O walks away. Has title to the pit bull passed to
A.？ It is unclear it "here takes this" was an intent
to give, and if A accepted the gift
is a present transfer of property by one person to another without
any consideration or compensation）
要使贈(zèng)與行為有效,須符合以下三個(gè)要素（Three requirements）:第一,必須正式移交或音樂(lè)會(huì)所贈(zèng)與的財(cái)產(chǎn)；第二,必須是贈(zèng)與人的主觀意愿；每三,必須被接受。
There are three requirements for the making of a valid gift:
（1） there must be a delivery from the donor to the donee； （2）
the donor must possess an intent to make a present gift； and
（3） the donee must accept the gift.
贈(zèng)與可以分為兩類:
生前贈(zèng)與（Gifts inter vivos）,
臨終贈(zèng)與（Gifts causa mortis）
所謂生前贈(zèng)與是指贈(zèng)與人在其正常生活期間所進(jìn)行的贈(zèng)與行為。這種贈(zèng)與是不可撤銷的。而臨終贈(zèng)與是指贈(zèng)與人在處于生命垂危時(shí)所進(jìn)行的贈(zèng)與,這種贈(zèng)與在一定情況是可以改變的。
Gifts inter vivos-An inter vivos gift is a gift made during
the donor's life when the donor is not under any threat of impeding
death. An inter vivos gift, once made is irrevocable
Gifts causa mortis- a gift causa mortis is a gift made in contemplation
of immediately approaching death. A gift causa mortis is revoked
if the donor recovers from the illness that prompted the gift
交付是贈(zèng)與的有效要素之一。交付可以分為以下三類:
實(shí)際交付（Actual physical Delivery）這個(gè)好理解。
推定交付Constructive delivery）- it is handing over the means of
obtaining possession such as the keys to a car for example.
However when the articles or goods are present and able to then
physical delivery must occur.
象征性交付（Symbolic delivery ）- handing over something that is symbolic
to the property given such as a writing. Notice that once again
if physical delivery can occur it must occur.
下面是關(guān)于交付的幾個(gè)例子,請(qǐng)讀者仔細(xì)閱讀:
Examples of different types of delivery
1. A finds O's mislaid ring. O say to A it's yours. A keeps
it. O changes her mind. Who has title O or A？ A has better right
to the property because the elements are sought. The delivery
aspect is met because A has possession.
2. A finds O's mislaid ring. A returns it to O. O looks at it
and says to A: "Its your." O takes it to have it downsized
for A. O is killed. Who has title, O or A？ O has better title
because A did not have possession of it. The transfer of the
ring existed before the intent to give was made. A gave the
ring back to O so manual transfer was not made.
3. A finds O's mislaid ring. A returns it to O. O says I promise
to leave it to you when I die. O is killed. Who has title, O
or A. Without a will, future intent does not qualify. It has
to be present intent to kill
4. O gives savings bank book to B. （Bank permits book holders
to withdraw funds）。 O dies before B takes money out. Who has
title to the savings account？ B because we have constructive
delivery
5. O gives B check. O dies before B can cash it. Is check good？
Holding- no gift until check paid because donor retains dominion
and control of funds.
6. O gives A written instrument: I give you my wristwatch. O
reneges. This is valid gift because symbolic delivery is satisfied.
7. O hands A the leash to his pit-bull saying "Here take
this" O walks away. Has title to the pit bull passed to
A.？ It is unclear it "here takes this" was an intent
to give, and if A accepted the gift