| 单词 | gift | |||||||||||||||||||||||||||||||||||||||||
| 释义 | giftGIFTgiftG0120100 (gĭft)gift(ɡɪft)GIFT(ɡɪft)gift(gɪft)n. giftPast participle: gifted Gerund: gifting
giftgiftnoungift(gift) noungift→ 礼物zhCN
gift
giftgift,in law, voluntary transfer of property from one person to another without any compensation for it and without any obligation of an agreement or contract. The one who gives is the donor; the one who receives the gift, the donee. There are two main classes of gifts, gifts inter vivos and gifts causa mortis. The former is an outright transfer of property, the ordinary type of gift. A gift causa mortis, on the other hand, resembles a legacylegacy,bequest by will of personal property, similar in many respects to a gift causa mortis. A legacy ordinarily is distinguished from a devise, which transfers real property by will. The person who receives a legacy is called a legatee. Legacies are of various types. ..... Click the link for more information. , or bequest made under a willwill, in law, document expressing the wishes of a person (known as a testator) concerning the disposition of her property after her death. If a person dies intestate, i.e. ..... Click the link for more information. . It is a gift made by a person in expectation of imminent death and is not complete until the donor dies. The donor in such a situation may make a gift by delivering the goods or note or whatever is the subject of the gift to the donee, but the donor retains full titletitle, in law, the means by which the owner has just and legal possession of his or her property. It is distinct from the document (e.g., a deed) that is evidence of the title. ..... Click the link for more information. to the gift and may revoke it at any time before his death. The ordinary gift inter vivos is complete and unconditional as soon as the delivery of the gift is made. The nature of the gift is of considerable importance in taxation. In both types of gifts, it is essential that there be an actual and full delivery of the article given as well as donative intent on the part of the donor. The delivery may be by handing to the donee or by giving it to some other person for the donee, but in all cases the delivery must be such as to take the property given out of the hands and the control of the donor. Commonly gifts are spoken of as involving both real estate and personal propertyproperty, rights to the enjoyment of things of economic value, whether the enjoyment is exclusive or shared, present or prospective. The rightful possession of such rights is called ownership. ..... Click the link for more information. . The law does not recognize a true gift of real estate, for real estate can be transferred only by deed or will. Gifts in law are only of personal property. A promise to deliver a gift in the future, or a promise to make a gift, unless under seal or made under very unusual circumstances, cannot be legally enforced. A gift should be distinguished from a barter or exchange, as the element of consideration (payment of some sort) necessary for the latter two is not present in a gift. Giftin civil law, a contract under which property is transferred free of charge from one person to another. The law usually provides that in order to be valid, the form of the gift contract must meet some required conditions. For example, according to Soviet law, a gift contract for amounts from 100 to 500 rubles should be made in a simple written form. However, a gift contract for more than 500 rubles must be notarized. A gift contract for the transfer of a residence must be executed in a form especially prescribed by law. Noncompliance with the prescribed form entails corresponding legal consequences, including invalidity of the contract and deprivation of the right to refer to testimony in case of litigation. What does it mean when you dream about a gift?Gifts represent rewards for a job well done or for inner spiritual blessing (gifts of the spirit). GIFT[gift or ¦jē¦ī¦ef′tē]GIFT(General Import Format Technology) GIFT files are used to import questions for quizzes into the Moodle learning management system (LMS) and others. The files hold the plain text (UTF-8 format) of each question followed by formatted versions of the correct answer and any other answers provided by the test author. Many LMS applications can also export quiz questions into GIFT files. See LMS.Gift(dreams)GIFTtransfer[trans´fer] GIFTGIFTGIFTGamete intrafallopian transfer Reproduction medicine Removal of eggs from the ovary, joining with sperm, and laparoscopically placing same in the fallopian tube via small abdominal incisions. See Assisted reproduction.GIFTPatient discussion about GIFTQ. husband has horrible rash bil. below knees to his ankles. it is bright red yellow weeping cracks. On statins He has been on zocor for 15 years and we are so afraid this may have something to do with this drug. He has stopped taking the drug because the pain and weakness, and numbness in his legs is considerable Q. Is bipolar is like swiping moods that come and go? one time you are happy things are bright and clear and suddenly you are all complicated with your self and with your surrounding and you are moody and depressed ? is sudden change of mind is the correct definition to a Bipolar Disorder or i did get it all wrong ? Q. I have bipolar disorder and an IQ of about 140. Can this be a cause? I followed recently a link in this site and saw, that some people talking about other ones with bipolar disorder seem to be more intelligent than the average. It was for me the first time, that I read something like that about bipolar disorder. I know only since 3 years this diagnose of mine, but I had already 13 years before my "out-of-control"-crisis. Perhaps you will share with your topic-manager about your IQ or about your job that we can see, if there is possible a correlation. giftGiftA voluntary transfer of property or of a property interest from one individual to another, made gratuitously to the recipient. The individual who makes the gift is known as the donor, and the individual to whom the gift is made is called the donee. If a gratuitous transfer of property is to be effective at some future date, it constitutes a mere promise to make a gift that is unenforceable due to lack of consideration. A present gift of a future interest is, however, valid. Rules of Gift-GivingThree elements are essential in determining whether or not a gift has been made: delivery, donative intent, and acceptance by the donee. Even when such elements are present, however, courts will set aside an otherwise valid gift if the circumstances suggest that the donor was, in actuality, defrauded by the donee, coerced to make the gift, or strongly influenced in an unfair manner. In general, however, the law favors enforcing gifts since every individual has the right to dispose of Personal Property as he or she chooses. Delivery Delivery of a gift is complete when it is made directly to the donee, or to a third party on the donee's behalf. In the event that the third person is the donor's agent, bailee, or trustee, delivery is complete only when such person actually hands the property over to the donee. A delivery may be actual, implied, or symbolic, provided some affirmative act takes place. If, for example, a man wishes to give his grandson a horse, an actual delivery might take place when the donor hires someone to bring the horse to the grandson's farm. Similarly, the symbolic delivery of a car as a gift can take place when the donor hands the keys over to the donee. Delivery can only occur when the donor surrenders control of the property. For example, an individual who expresses the desire to make a gift of a car to another but continues to drive the car whenever he or she wishes has not surrendered control of the car. A majority of states are practical about the requirement of a delivery. Where the donor and the donee reside in the same house, it ordinarily is not required that the gift be removed from the house to establish a delivery. If the donee has possession of the property at the time that the donor also gives the person ownership, there is no need to pass the property back and forth in order to make a legal delivery. Proof that the donor relinquished all claim to the gift and recognized the donee's right to exercise control over it is generally adequate to indicate that a gift was made. In instances where delivery cannot be made to the donee, as when the person is out of the country at the time, delivery can be made to someone else who agrees to accept the property for the donee. If the individual accepting delivery is employed by the donor, however, the court will make the assumption that the donor has not rendered control of the property and that delivery has not actually been made. The individual accepting delivery must be holding the property for the donee and not for the donor. In situations where the donee does not have legal capacity to accept delivery, such delivery can be made to an individual who will hold it for him or her. This might, for example, occur in the case of an infant. Donative Intent Donative intent to make a gift is essentially determined by the donor's words, but the courts also consider the surrounding circumstances, the relationship of the parties, the size of the gift in relation to the amount of the donor's property as a whole, and the behavior of the donor toward the property subsequent to the purported gift. The donor must have the legal capacity to make a gift. For example, Infants or individuals judged to be unable to attend to their own affairs have a legal disability to make a gift. In addition, an intent to make a gift must actually exist. For example, a landlord who rents a house to a tenant does not have the intent to give such premises to the tenant, even though the tenant takes possession for an extended period of time. Similarly, a gift to the wrong person will not take effect. If an individual mistakenly gives gold jewelry to an imposter who is believed to be a niece, the gift is invalid because there was no intention to benefit anyone but the niece.The intent must be present at the time the gift is made. For example, if one person promises to give a house to an artist "someday," the promise is unenforceable because there is no intent to make an effective gift at the time the promise is made. The mere expectation that something will someday be given is not legally adequate to create a gift. Acceptance The final requirement for a valid gift is acceptance, which means that the donee unconditionally agrees to take the gift. It is necessary for the donee to agree at the same time the delivery is made. The gift can, however, be revoked at any time prior to acceptance. A court ordinarily makes the assumption that a gift has been accepted if the gift is beneficial, or unless some event has occurred to indicate that it is not. Types of GiftsThe two principal categories of gifts are inter vivos gifts and causa mortis gifts. Inter vivos gifts Inter vivos is Latin for "between the living" or "from one living person to another." A gift inter vivos is one that is perfected and takes effect during the lifetime of the donor and donee and that is irrevocable when made. It is a voluntary transfer of property, at no cost to the donee, during the normal course of the donor's life. A gift inter vivos differs from a sale, a loan, or barter since something is given in exchange for the benefit in each of such transfers. Whether the value given is a money price, a percentage interest or an equivalent item of property, or a promise to repay, the element of exchange makes such transfers something other than a gift. There are a number of special types of inter vivos gifts. Forgiveness of a debt is a gift of the amount of money owed, and delivery can be accomplished by destroying the promissory note signed by the debtor and handing it over to him or her. A share of stock in a corporation may ordinarily be given to someone else by having ownership transferred to the person on the books of the corporation or by having a new stock certificate issued in the person's name. A life insurance policy can generally be given to someone by delivering the policy, but it is more expedient to express in writing that all interest in the policy is assigned, or transferred, to the donee and to notify the insurance company to that effect. Certain states require these formalities since insurance is strictly regulated by state law. Gifts of land can only be made by written transfer. A donor can limit an inter vivos gift in certain ways. For example, he or she might give someone a life estate in his or her property. When the donee dies, the property reverts to the donor. A donor cannot place other restrictions on a gift if the restrictions would operate to make the gift invalid. If, for example, the donor reserves the power to revoke a gift, there is no gift at all. Causa Mortis Gifts A gift causa mortis (Latin for "in contemplation of approaching death") is one that is made in anticipation of imminent death. This type of gift takes effect upon the death of the donor from the expected disease or illness. In the event that the donor recovers from the peril, the gift is automatically revoked. Gifts causa mortis only apply to personal property. A donor who is approaching death might make a gift by putting his or her intention in writing. This procedure is likely to be followed, when, for example, the donee is in another state, and personal delivery is thereby impractical. The delivery requirement is frequently relaxed when a causa mortis gift is involved, since a donor is less likely to be able to make an actual delivery as his or her death approaches. A symbolic delivery is frequently sufficient to show that a gift was made, provided at least some effort to make a delivery is exercised. The Overt Act aids a court in its determination as to whether a delivery has been made. The difference between a gift causa mortis and a testamentary gift made by will is that a will transfers ownership subsequent to the death of the donor, but a gift causa mortis takes effect immediately. In most states, the donee becomes legal owner of the gift as soon as it is given, subject only to the condition that the gift must be returned if the donor does not actually die. The requirements of a causa mortis gift are essentially the same as a gift inter vivos. In addition, such a gift must be made with a view toward the donor's death, the donor must die of the ailment, and there must be a delivery of the gift. Gifts causa mortis are usually made in a very informal manner and are frequently made because dying people want to be certain that their dearest possessions go to someone they choose.A donor who is approaching death might make a gift by putting his or her intention in writing. This procedure is likely to be followed, when, for example, the donee is in another state, and personal delivery is thereby impractical. The courts only permit the donee to keep the gift if the donor clearly intended the gift to take effect at the time it was made. If the gift is made in writing in a will and is intended to become effective only after the donor dies, the gift is a testamentary one. The law in each jurisdiction is very strict about the features that make a will valid. One requirement, for example, is that the will must be signed by witnesses. If the donor writes down that he or she is making a gift, but the writing is neither an immediate gift nor a witnessed will, the donee cannot keep the gift. The delivery requirement is frequently relaxed when a causa mortis gift is involved, since a donor is less likely to be able to make an actual delivery as his or her death approaches. A symbolic delivery is frequently sufficient to show that a gift was made, provided at least some effort to make a delivery is exercised. The overt act aids a court in its determination as to whether a delivery has been made. A gift causa mortis is only effective if the donor actually dies. It is not necessary that the donor die immediately, but the person must die of a condition or danger that existed when the gift was made and without an intervening recovery. The donee becomes legal owner of the property in most states from the time the gift is made. The person must, however, later return the gift if the donor does not actually die. If the donor changes his or her mind and revokes the gift, or recovers from the particular illness or physical injury, the gift is invalid. A donor also has the right to require that debts or funeral expenses be paid out of the value of the gift. Further readingsBove, Alexander A. 2000. The Complete Book of Wills, Estates, and Trusts. New York: Holt, Henry. "Landlord's Estate May Include Tenant's Improvements to Lease Property." 2002. Tax Return Preparer's Letter (July). giftn. the voluntary transfer of property (including money) to another person completely free of payment or strings while both the giver and the recipient are still alive. Large gifts are subject to the federal gift tax, and in some states, to a state gift tax. (See: gift tax, unified estate and gift tax) gifta voluntary and gratuitous transfer of property, real or personal, heritable or moveable, made with the intention of transferring ownership from the owner to the donee. The instrument of transfer is determined by the nature of the property (i.e. a chattel can be transferred by mere delivery; unregistered land in England and Wales requires a deed; registered land requires an executed land transfer plus registration).GIFT, conveyancing. A voluntary conveyance; that is, a conveyance not founded on the consideration of money or blood. The word denotes rather the motive of the conveyance; so that a feoffment or grant may be called a gift when gratuitous. A gift is of the same nature as a settlement; neither denotes a form of assurance, but the nature of the transaction. Watk. Prin. 199, by Preston. The operative words of this conveyance are do or dedi. The maker of this instrument is called the donor, and he to whom it is made, the donee. 2 B. Com. 316 Litt. 69; Touchs. ch. 11. GIFT, contracts. The act by which the owner of a thing, voluntarily transfers the title and possession of the same, from himself to another person who accepts it, without any consideration. It differs from a grant, sale, or barter in this, that in each of these cases there must be a consideration, and a gift, as the @definitionstates, must be without consideration. GiftGiftGiftGIFT
gift
Synonyms for gift
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英语词典包含2567994条英英释义在线翻译词条，基本涵盖了全部常用单词的英英翻译及用法，是英语学习的有利工具。
gift - something acquired without compensation
gift - natural abilities or qualities 
gift - the act of giving