Book Review:
Hans W. Baade, Donations Reconsidered (reviewing John P.
Dawson’s Gifts and Promises: Continental and American Law
Compared), 59 Texas L. Rev. 179 (1980).
Abstract:
Professor Dawson’s book explores the history and development of
promises to make donations in civil law, beginning with Roman
law and focusing on contemporary French and German law.
According to Professor Baade, the most important issue Dawson
addresses is how and to what extent American courts can draw
from the civil law of donations to revise or clarify the
doctrine of consideration. Dawson concludes that common-law
problems relating to donations and contracts cannot be resolved
by adopting civil-law principles. Professor Baade disagrees with
Professor Dawson’s characterization of donations and gifts as
contract topics, considering them issues of family wealth and
transfer law but praises the quality of Dawson’s book.