authority such as
donative transfers, tax planning, and qualifying for
The Restatement (Third) of Property defines a gift as a voluntary "transfer [of] an ownership interest to the donee without consideration and with
donative intent." (143) Hence, even the district court's reasoning in Catalona presupposes that research participants, prior to donation, retain an ownership interest, i.e., property, in their tissue.
These "suspicious circumstances" must surround the "preparation, execution, or formulation of the
donative transfer." (106) The presumption of undue influence exists in the above instances because "[s]uspicious circumstances raise an inference of an abuse of the confidential relationship between the alleged wrongdoer and the donor." (107) Among the circumstances considered "suspicious" are "the extent to which the alleged wrongdoer participated in the preparation or procurement of the will or will substitute" and "whether the will or will substitute was prepared in secrecy or in haste." (108) "The effect of the presumption is to shift to the proponent the burden of persuasion.
In the Father it is in the purely
donative mode; in the Son, as constitutive of his Person, that is, in his relation to the Father alone, it is in a purely receptive mode.
A quid pro quo donation is a payment made partly as a donation and partly as consideration for goods or services--except a payment to an organization, organized exclusively for religious purposes, for only an intangible religious benefit that generally is not sold in a commercial transaction outside the
donative context.
While there are some variations, the "pure" presumed-consent statutes require no family consent and no search for family members to verify the deceased's
donative intent.