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Donation (in canon law)
A Donation, when referred to in canon law in the Roman Catholic Church, is defined as the gratuitous transfer to another of some right or thing. When it consists in placing in the hands of the donee some movable object it is known as a gift of hand (donum manuale, an offering or oblatio, an alms). Properly speaking, however, it is a voluntary contract, verbal or written, by which the donor expressly agrees to give, without consideration, something to the donee, and the latter in an equally express manner accepts the gift. In Roman law and in some modern codes this contract carries with it only the obligation of transferring the ownership of the thing in question; actual ownership is obtained only by the real traditio or handing over of the thing itself, or by the observation of certain juridically prescribed formalities (L. 20, C. De pactis, II, 3). Such codes distinguish between conventional (or imperfect) and perfect donation, i.e. the actual transfer of the thing or right. In some countries the contract itself transfers ownership. A donation is called remunerative when inspired by a sentiment of gratitude for services rendered by the donee. Donations are also described as inter vivos if made while the donor yet lives, and causa mortis, when made in view or contemplation of death; the latter are valid only after the death of the donor and until then are at all times revocable. They much resemble testaments and codicils. They are, however, on the same footing as donations inter vivos once the donor has renounced his right to revoke. In the pursuit of its end the church needs material aid; it has the right therefore to acquire such aid by donation no less than by other means. In its quality of a perfect and independent society the Roman Catholic Church may also decide under what forms and on what conditions it will accept donations made to works of religion (donationes ad pias causas); it pertains to the State to legislate for all other donations.
==History of Ecclesiastical Donations==
Even before the Edict of Milan (313) the Church was free to acquire property by donation either as a juridically recognized association (collegium) or as a society de facto tolerated (note that the right to acquire property by last will and testament dates only from 321 in the reign of Constantine I). Nevertheless, the Church was held to observe the pertinent civil legislation, though on this head it enjoyed certain privileges; thus, even before the traditio, or handing over, of the donation to a church or a religious institution, the latter acquired real rights to the same (L. 23, C. De sacrosanctis ecclesiis, I, 2). Moreover, the insinuatio or declaration of the gift before the public authority was required only for donations equivalent in value to 500 solidi (nearly twenty-six hundred dollars) or more, a privilege later on extended to all donations (L. 34, 36, C. De donationibus, VIII, 53). Finally, bishops, priests, and deacons yet under parental power were allowed to dispose freely, even in favour of the Church, of property acquired by them after ordination (33 (34) C. De episcopis et clericis, I, 3 ). The Franks, long quite unaccustomed to dispose of their property by will, were on the other hand generous in donations, especially cessiones post obitum, similar to the Roman law donations in view of death but carrying with them the renunciation on the donor's part of his right of revocation; other Frankish donations to the Church reserved the usufruct. The institution known as precaria ecclesiastica was quite favourable to the growth of donations. At the request of the donor the Church granted him the use of the donated object for five years, for his life, or even a use transferable to the heirs of the first occupant. Synods of this epoch assert to some extent the validity of pious donations even when the legal requisites had not been observed, though as a rule they were not omitted. Generally speaking, the consent of the civil authority (princeps) was not indispensable for the acquisition of property by religious corporations. The restrictions known as the "right of amortization" are of later date, and are the outcome of theories elaborated in the Middle Ages but carried to their logical issue in the modern civil legislation (of Continental countries) concerning ''biens de mainmorte'', or property held by inalienable tenure, i.e. the property of religious corporations, they being perpetual. The Church does not accept such legislation; nevertheless the faithful may act accordingly in order to secure to their donations the protection of the law.
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