What is a gift causa mortis?

What the Law Says

South Korean civil law does not define or recognize 'gift causa mortis' — a gift made in contemplation of imminent death — as a separate category of gift. All gifts fall under the general rules of the Civil Act.

Under South Korean law, a gift (증여) is defined as a contract where one party voluntarily transfers ownership of property to another without compensation.

The Civil Act requires two essential elements for a valid gift: (1) the donor’s clear intention to make a gratuitous transfer, and (2) actual or symbolic delivery of the property (or registration, if required for real estate).

There is no statutory provision allowing a gift to take effect upon the donor’s death or permitting special validity for gifts made while expecting imminent death. Unlike some common law systems, South Korea does not treat such gifts as exceptions to revocability or delivery requirements.

If delivery has not occurred, the donor may revoke the gift at any time before completion — even if made during serious illness.

Statutory Text

A gift is a contract whereby a person, without compensation, gives another person the right to acquire ownership of a thing.

— Civil Act, Art. 549 — Definition of Gift

Statutory Text

A gift shall not be effective unless the thing given is delivered to the donee, or unless registration is effected in cases where registration is required for transfer of ownership.

— Civil Act, Art. 550 — Effectiveness of Gift

What to Do

Sources