Donatio Non Praesumitur Law and Legal Definition

Donatio non praesumitur is a legal maxim that means “donation is not presumed.” This means that a gift cannot be presumed. A gift is a voluntary transfer of property or right made gratuitously to a recipient. The intention of a donor to gift a property or right can not be presumed beforehand.

No deed is considered to be a gift if it can be given some other construction. Presumption of gift cannot be taken easily. This is because no one can be presumed to do what that could normally bring profit to a person, to be done by that person in a gratuitous manner. Donation or gift can be only proved if the intention to donate is expressly provided in the deed.