Gifts were viewed by Roman Law with considerable suspicion, partly as often made on the spur of the moment without due reflection, partly as liable to exert an improper influence on the donee. In B.C. 204 a law (Lex Cincia) was passed which forbad all gifts exceeding a certain value, and required formal execution of gifts within that value, land to be mancipated, goods to be delivered, investments duly transferred, etc. Any gifts contravening the law were revocable by the donor during his life or by will. Gifts between near relatives, either by blood or marriage, were however excepted from the prohibition of the law.
Constantine appears to have repealed this law, and, leaving gifts under 300 solidi free, required all gifts above that amount to be described in a written document and recorded in court, and possession to be given publicly before witnesses. In 529-531 Justinian further facilitated gifts. A mere agreement was enough without any stipulation, the presence of witnesses ceased to be necessary, and the fact of the gift was alone required to be recorded in court and that only when its value exceeded 500 solidi. Delivery of the object given was, according to Justinian, not so much a confirmation as a necessary consequence of the gift, and was incumbent on the donor and his heirs, especially if it were a gift for charitable purposes. A gift duly made could be revoked by the donor only on clear proof of donee's ingratitude, such as is shewn by insults or attacks on the person or property of the donor, or on non-fulfilment of the conditions of the gift. Remuneration for a service rendered is not a gift within the meaning of these rules.
Gifts between husband and wife, with trifling exceptions, were absolutely void until A.D. 206, and the same rule applied to gifts to either from anyone under the same fatherly power, or from those in whose power they respectively were. But Caracalla by a decree of the Senate made them only voidable. If the donor predeceased the donee and did not repent of the gift, the donee became fully entitled. Gifts from either to increase the marriage settlement were allowable (see above).
Gifts mortis causa are only to take effect if the donor die before the donee, and are epigrammatically characterised as something which the donor prefers himself to enjoy rather than the donee, and the donee rather than his heir. Such gifts were valid if made in presence of five witnesses orally or in writing, without any formality and with the effect of a legacy. The Lex Falcidia was applied to such gifts by Severus, if the heir had not had his due out of the rest of donor's estate.
Gifts for charitable purposes (piae causae) were encouraged by Justinian who (c. 530 and 545) directed that the bishops, whether requested or not or even forbidden by testator, should see that any disposition by will for such purposes was duly carried into effect; the erection of a church should be completed within three years from the time when the inheritance or legacy was available, a house for strangers within a year unless one was hired until the house was built. If
