the thing, [that is] of the right as to which the confirmation or the acknowledgement  is to be made, and similarly that he to whom the confirmation is made [be in  possession of the thing], for if neither [of them] is, what is done will not be valid.1  A confirmation may be so made as to depend upon the first gift, as where one says, I  confirm to such a one such a thing (or such a gift) in so far as it was rightfully  made.2 By such confirmation the first gift, unless it is valid and complete in itself,  will not become valid, for such words so narrow and restrict the confirmation that  it cannot supply any defect, which is not so in a simple confirmation, where no inquiry  is made3 as to whether the gift was rightful or not, complete or incomplete, or  wholly void. It is also clear that a confirmation is a kind of ratification, [for] 4a special  confirmation ought to relate back to the time the gift was drawn up, as do other  ratifications of transactions,5 [but] 6though it may be supported by a precedent  gift,7 it sometimes suffices by itself if it contains the gift, as where one says, I have  given and confirmed. The effect of a confirmation is that he who confirms another's  gift, as that of an ancestor or a stranger, [or confirms his own, as where he makes a  gift under age, or while of unsound mind, or when not sui juris, or while under  duress, and confirms it when he is of full age, of sound mind, sui juris, or free of  duress,] may never invalidate it, 8whether the gift is complete or not, valid or invalid.  What was said of advowsons, which are among the appurtenances of one's  own property, is applicable to servitudes, which are appurtenant to the free  tenement of one person in the property of another, as where a right of pasturing,  or9 a right of way and the like is granted [by A.] to a man [B.] and his heirs;  though he [B.] does not use it in his lifetime, his heirs, included in the gift, may do  so [after his death]. And so may [his] assigns and donees if such are mentioned in  [A.'s] gift, by force of the modus of the gift;10 if they are not they cannot: the donor  [B.] could not transfer a use he did not have. But if they use for a long time through  the negligence and acquiescence of the first donor [A.], or if his confirmation or  that of his heirs is secured their use gains strength by force of the confirmation.
 Among other gifts there is the gift mortis causa, which is confirmed by death, of  which gift there are 12three kinds. The first, when one [makes a gift] undisturbed  by any fear of immediate danger but moved solely by the common mortality of  man. The second, when one moved by the imminent danger of death makes a gift  in such a way that it at once becomes the property of the recipient. The third,  where one moved by danger does not give so that it immediately becomes the  property of the recipient, but so that it will become such