Deathbed gifts under Roman law

Abstract

Modern definitions of the Roman donation in anticipation of death
(donatio mortis causa) often emphasize that its final effect depends on the
fact that the donee outlives the donor. However, this brief specification
does not reflect the real perplexity of the above-mentioned institution.
Donation in anticipation of death is to be considered as an example of
datio ob rem, which is a base of the action named condictio causa data
causa non secuta. This paper focuses on the legal nature of donatio
mortis causa and the various forms of its application in Roman law. The
aim of this paper is to point out the elaborateness of the legal institute,
which could be an example for the legislative adjustments of property
dispositions in the case of death in the current coronavirus crisis.