DONATION. – It is the act by which, out of a spirit of liberality, a person divests themselves of a right or assumes an obligation for the benefit of another. The constitutive elements of this institution are: the impoverishment of the donor, the corresponding increase in the donee’s estate, and the spirit of liberality (animus donandi).
In Roman law, depending on whether one wished to constitute a right over a thing, even extending to the transfer of ownership, the donation could be made either *inter vivos* or *mortis causa*. The former required the observance of the formalities prescribed for contracts, while the latter was subject to the rules governing testamentary dispositions.
In Italian civil law, donations are regulated by articles 769–809 of the Civil Code. They are distinguished from other gratuitous acts by the fact that they are irrevocable, except in the cases expressly provided by law. Donations may be made to persons not yet conceived (art. 780), and between spouses during marriage (art. 781).
The form of a public deed is required under penalty of nullity, and the donation takes effect only upon acceptance; prior to its perfection, it may be revoked by either the donor or the donee. However, in the case of donations made to legal persons whose acceptance is subject to governmental authorization, the donor may not revoke their declaration once notified of the application for authorization (art. 783). No delivery is required for donations of movable property of modest value, which are perfected by delivery instead (art. 783).
A donation may be challenged for error of fact or of law concerning the motive expressed in the deed (art. 787), and it is void if the motive, as stated in the deed and which was the sole inducement for the liberality, is illicit (art. 788). A reservation of the donated property may be stipulated (art. 791), and a burden may be imposed (art. 793), which is deemed not to have been imposed if illicit or impossible, unless it was the sole inducement for the donation (art. 794). Every donation is revocable for ingratitude and for the subsequent birth of children (art. 800), with the exception of remunerative donations and those made in consideration of a future marriage (art. 805).