赠与（gift）是某人将自愿将它财产出售给另一个人,并不附加任何条件和补偿。（A gift
is a present transfer of property by one person to another without
any consideration or compensation）
要使赠与行为有效,须符合以下三个要点（Three requirements）:第一,需要正式移交或音乐会所赠与的财产；第二,需要是赠与人的主观意愿；每三,需要被同意。
There are three requirements for the making of a valid1 gift:
（1） there must be a delivery from the donor2 to the donee； （2）
the donor must possess an intent to make a present gift； and
（3） the donee must accept the gift.
赠与可以分为两类:
生前赠与（Gifts inter3 vivos）,
临终赠与（Gifts causa mortis）
所谓生前赠与是指赠与人在其正常生活期间所进行的赠与行为。这种赠与是不可撤销的。而临终赠与是指赠与人在处于生命垂危时所进行的赠与,这种赠与在肯定状况是可以改变的。
Gifts inter vivos-An inter vivos gift is a gift made during
the donor's life when the donor is not under any threat of impeding4
death. An inter vivos gift, once made is irrevocable
Gifts causa mortis- a gift causa mortis is a gift made in contemplation
of immediately approaching death. A gift causa mortis is revoked5
if the donor recovers from the illness that prompted the gift
出货是赠与的有效要点之一。出货可以分为以下三类:
实质出货（Actual physical Delivery）这个好理解。
推定出货Constructive6 delivery）- it is handing over the means of
obtaining possession such as the keys to a car for example.
However when the articles or goods are present and able to then
physical delivery must occur.
象征性出货（Symbolic7 delivery ）- handing over something that is symbolic
to the property given such as a writing. Notice that once again
if physical delivery can occur it must occur.
下面是关于出货的几个例子,请读者仔细阅读:
Examples of different types of delivery
1. A finds O's mislaid ring. O say to A it's yours. A keeps
it. O changes her mind. Who has title O or A？ A has better right
to the property because the elements are sought. The delivery
aspect is met because A has possession.
2. A finds O's mislaid ring. A returns it to O. O looks at it
and says to A: Its your. O takes it to have it downsized
for A. O is killed. Who has title, O or A？ O has better title
because A did not have possession of it. The transfer of the
ring existed before the intent to give was made. A gave the
ring back to O so manual transfer was not made.
3. A finds O's mislaid ring. A returns it to O. O says I promise
to leave it to you when I die. O is killed. Who has title, O
or A. Without a will, future intent does not qualify. It has
to be present intent to kill
4. O gives savings8 bank book to B. （Bank permits book holders9
to withdraw funds）。 O dies before B takes money out. Who has
title to the savings account？ B because we have constructive
delivery
5. O gives B check. O dies before B can cash it. Is check good？
Holding- no gift until check paid because donor retains dominion10
and control of funds.
6. O gives A written instrument: I give you my wristwatch. O
reneges. This is valid gift because symbolic delivery is satisfied.
7. O hands A the leash11 to his pit-bull saying Here take
this O walks away. Has title to the pit bull passed to
A.？ It is unclear it here takes this was an intent
to give, and if A accepted the gift
