3.5 gift
赠与（gift）是某人将自愿将其财产转让给另一个人,并不附加任何条件和补偿。（a gift
is a present transfer of property by one person to another without
any consideration or compensation）
要使赠与行为有效,须符合以下三个要素（three requirements）:第一,必须正式移交或音乐会所赠与的财产；第二,必须是赠与人的主观意愿；每三,必须被接受。
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.
赠与可以分为两类:
生前赠与（gifts inter vivos）,
临终赠与（gifts causa mortis）
所谓生前赠与是指赠与人在其正常生活期间所进行的赠与行为。这种赠与是不可撤销的。而临终赠与是指赠与人在处于生命垂危时所进行的赠与,这种赠与在一定情况是可以改变的。
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
交付是赠与的有效要素之一。交付可以分为以下三类:
实际交付（actual physical delivery）这个好理解。
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.
下面是关于交付的几个例子,请读者仔细阅读:
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.