Donation

A Freebox (free box) in Berlin, Germany, 2005. It works as a distribution center for donated materials.

A donation is the act of giving funds or other material goods, generally for charity reasons. In some legal systems it is regulated as a contract. People can choose to donate parts of their bodies, such as organs, blood, or sperm. Donations of blood (particularly from the Rh 0 negative group and factor) and some organs are generally scarce and their lack is a major cause of death in terminally ill patients. Some vital organs, such as the heart, are donated only after the death of the donor, who must sign an agreement while alive.

Some religions and cultures do not accept organ or blood donations (for example, Jehovah's Witnesses do not accept blood donations), regardless of the severity of the patient in need of transplantation. In some countries there are laws that prohibit individuals or corporations from donating large sums of money to politicians.

Many non-profit organizations rely on donations from interested parties as their main source of funding. Some examples of this are social assistance organizations (internationally Unesco, UNICEF, Intervida), environmental preservation (WWF, Greenpeace) and religious institutions (see tithes). Many free software projects, including the GNU project, are funded in this way. Donations range from micro-donations from individuals to large donations from interested companies. The Wikipedia project is largely funded by donations.

In the Law

“By donating, the donor agrees to freely transfer ownership of a property to the donee.”

The donation as such cannot operate by the sole manifestation of the will of one of the parties, but must meet certain formal requirements expressly established by law.

It is an obligational contract according to which the donor agrees to transfer ownership of a property free of charge, therefore, since it is a contract with a single benefit, that is, that of the donor who agrees to transfer the ownership of the asset, it follows that the latter will extinguish when the ownership of the asset is transferred to the donee, a transfer that occurs, with the mere creation of the obligation or the agreement of wills.

Characteristics of the donation

- It is necessary that there is an impoverishment in the donor and an enrichment in the donee.

- It is irrevocable, which implies that the donor cannot revoke a donation at his discretion when it is perfect.

- It is and must be the donation inter vivos freely consented to by the donor and accepted by the donee.

Elements of a donation contract

- Donation: Any act of generosity by which a person freely transfers a property of his own or a sum of money in favor of a third party.

- Donor: Who grants a donation or dispenses a liberality in favor of another. Also known as the giver.

- Donee: Person to whom a donation is made, who receives and accepts. As can be seen, the donation is an act of liberality, which also implies that it is a voluntary act by which a person disposes of part of her assets, transferring it free of charge in favor of a third party.

- Consent: the consent in this contract is presented when the donor expresses his will with the intention of freely transferring the domain of a part of his present assets, and on the other hand the donee agrees with said transfer, having to express his expressly accepted during the life of the donor.

- Object: the object is represented by a totality of the donor's assets, always remembering that future assets cannot be donated.

- Capacity: to receive donations, special capacity is required to execute acts of ownership, that is, to be of legal age, in the full enjoyment of one's mental faculties.

Kinds of donation

- Mortis Causa Donation: It is one that is suspended to a term, the death of the donor and, generally, is equated to a legacy or inheritance. The act of donation must be valid as a will, otherwise it has no effect.

- Donation between spouses: They are those that a spouse makes in favor of the other, in our legal system they are prohibited.

- Prenuptial, antenuptial or marriage donations: Are those made between the future spouses or a third party in consideration of the marriage.

- Intervivos Donation: Act by which a person called a donor voluntarily disposes of a property in favor of another person called a donee, without receiving any consideration.

Although the donation is free, however, it may be subject to conditions or modes, so it presents the following classification: - Pure and simple donation.- This is the name given to the donation that has no conditions whatsoever. The donee is enriched by the patrimony that he receives for nothing.

- Remunerative donation. - That which is granted to compensate a service received (eg the doctor who saved the life of the donor).

- Conditional donation. - Obligation of the donor to transfer an asset if the recipient meets some future and uncertain condition (eg, if you graduate as a Lawyer, I will donate a computer to you)

The donation can be granted during life through the respective contract or occur after the death of the donor through his will. The donation can also include a specific asset (singular donation) or the entire estate (universal donation).

Special legal effects of the donation

- Reversal.- It is the donation with an express clause, by virtue of which the donor reserves the right to recover the donated property. The reversion only proceeds when it is in favor of the donor, but it is not allowed in favor of a third party, in which case the stipulation is null.

- Revocation.- It is to render the donation null and void due to the fact that the grantee incurs in some of the causes of unworthiness to succeed and of disinheritance. The revocation must be notarized to the donee or his heirs within 60 days of being made by the donor, provided that six months have not elapsed from the date on which any of the aforementioned causes occurred, since after said period expires the right of the donor to revoke it.

- Expiration of the donation. - The donation automatically expires if the donee intentionally causes the death of the donor.

- Non-official donation.- Art. 1629 of the C.C. it limits the donation stating that no one can donate more than what they can freely dispose of by will. Consequently, according to inheritance law, when the donor has children, he can only donate a third of his assets (third of free disposal). If the donor has no children but has a spouse and parents, he can donate up to 50% of his assets. If he has no children, spouse or ancestors, then he is allowed to donate 100% of his assets. The part that exceeds what is allowed is called an inofficious donation, consequently said excess is null and must be returned. For these purposes, the value of the asset on the date of the donor's death is considered.

Medical Donations

The body protects itself by fighting off anything foreign, such as an infection or a new organ, through its immune system. After a transplant, the immune system must be suppressed with drugs to prevent rejection of the new organ. Most patients have a rejection episode even with the medication. Rejection is usually first diagnosed through blood work and the patient may not feel any different. Most rejection episodes are successfully treated with medication therapy, however, a rejection episode may require hospitalization. The transplant doctor will do one to determine a rejection episode.

Schematically, three phases of rejection can be recognized:

• Stimulation phase of the immune system of the receptor by the antigens of the transplanted organ.
• Reaction phase of the immune system, with production of mediators that activate the different cells involved in rejection.
• Effect of graft injury: there are cells that infiltrate the rejected organ and there is release of antibodies that damage the graft.

A successful recovery and continued function of the new organ depend on a careful balance of your medications. The patient must take immunosuppressants, which are drugs that turn off their immune system, probably for the rest of their life. The goal is to prevent the body from rejecting the organ while continuing to fight infection.

Immunosuppressants also have side effects that may require additional medications. As your system settles in, the dose of the medication may be decreased or stopped altogether.

Others

Institutions dedicated to cultural preservation, such as museums, libraries, zoos or botanical gardens, often receive donations of goods related to their topics of interest. For example, a history museum may receive as a donation an ancient document belonging to the living descendants of a historical figure. Similarly, libraries often receive book donations from publishers, embassies, or individuals. Zoos can receive donations of animals, food and contributions in cash or in kind. In the same way, botanical gardens can receive plants for their study and contributions. This is why big businessmen create foundations or make donations to deduct these from their taxes and pay practically nothing.

Donations to non-profit foundations that work with children can be given in various ways as stipulated by the foundation or entity:

Types of donations

• Bonus in money or kind.
• Deductible time carrier by payroll in working hours.
• Volunteer in free time.