英文法律词典 G-8

GERMAN, relations, germanus. Whole or entire, as respects genealogy¹ or descent; thus, "brother-german," denotes one who is brother both by the father and mother's side cousins-germane" those in the first and nearest degree, i. e., children of brothers or sisters. Tech. Dict.; 4 M. & C. 56.

GERONTOCOMI, civil law.. Officers appointed to manage hospitals for poor old persons. Clef des Lois Rom. mot Administrateurs.

GESTATION², med. jur. The time during which a female, who has conceived, carries the embryo³ or foetus in her uterus. By the common consent of mankind, the term of gestation is considered to be ten lunar months, or forty weeks, equal to nine calendar months and a week. This period has been adopted, because general observation, when it could be correctly made, has proved its correctness. Cyclop. of Pract. Med. vol. 4, p. 87, art. Succession of inheritance. But this may vary one, two, or three weeks. Co. Litt. 123 b, Harg. & Butler's, note 190*; Ryan's Med. Jurisp. 121; Coop. Med. Jur: 18; Civ. Code of Louis. art. 203-211; 1 Beck's Med. Jur. 478. See Pregnancy⁴.

GIFT, conveyancing. A voluntary conveyance⁵; that is, a conveyance not founded on the consideration of money or blood. The word denotes rather the motive⁶ of the conveyance; so that a feoffment or grant may be called a gift when gratuitous⁷. 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 maker⁸ of this instrument is called the donor⁹, 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 barter¹⁰ in this, that in each of these cases there must be a consideration, and a gift, as the definitionstates, must be without consideration.

2. The manner of making the gift may be in writing, or verbally, and, as far as personal chattels¹¹ are concerned, they are equally binding¹². Perk¹³. §57; 2 Bl. Com. 441. But real estate must be transferred by deed.

3. There must be a transfer made with an intention of passing the title, and delivering the possession of the thing given, and it must be accepted by the donee. 1 Madd. Ch. R. 176, Am. ed. p. 104; sed vide 2 Barn. & Ald. 551; Noy's Rep. 67.

4. The transfer must be without consideration, for if there be the least consideration, it will change the contract into a sale or barter, if possession be delivered; or if not, into an executory contract. 2 Bl. Com. 440.

5. Gifts are divided into gifts inter¹⁴ vivos, and gifts causa mortis; and also' into simple or proper gifts; that is, such as are to take immediate¹⁵ effect, without any condition; and qualified¹⁶ or improper¹⁷ gifts, or such as derive¹⁸ their force upon the happening, of some condition or contingency¹⁹; as, for example, a donatio causa mortis. Vide Donatio causa mortis; Gifts inter vivos; and Vin. Ab. h. t.; Com. Dig. Biens, D 2, and Grant; Bac. Ab. Grant; 14 Vin. Ab. 19 3 M. & S. 7 5 Taunt²⁰. 212 1 Miles, R. 109.