Table of Contents

TITLE II - OF DONATIONS INTER VIVOS (BETWEEN LIVING PERSONS) AND MORTIS CAUSA (IN PROSPECT OF DEATH)

 

CHAPTER I - GENERAL DISPOSITIONS

Art. 1. Property can neither be acquired nor disposed of gratuitously, unless by donations inter vivos or mortis causa, made in the forms hereafter established for one or the other of these acts.

Art. 2. A donation inter vivos (between living persons) is an act by which the donor divests himself at present and irrevocably of the thing given in favor of the donee who accepts it.

Art. 3. A donation mortis causa (in prospect of death) is an act by which the donor disposes of the whole or a part of his property, for the time when he shall no longer exist, which donation he may revoke.

 

CHAPTER II - OF THE CAPACITY NECESSARY FOR DISPOSING OF AND RECEIVING BY DONATION INTER VIVOS OR MORTIS CAUSA

Art. 4. All persons may dispose of or receive by donation inter vivos or mortis causa except such as the law expressly declares incapable.

Art. 5. To make a donation either inter vivos or mortis causa, one must be of sound mind.
Slaves cannot dispose of or receive by donation inter vivos or mortis causa unless they have been previously and expressly enfranchised conformably to law.

Art. 6. The minor under sixteen years cannot dispose of any property, saving what is provided in the chapter the 9th of this title.

Art. 7. The minor above sixteen, can dispose only mortis causa (in prospect of death.)
But he may dispose in this manner of the same amount as a person of full age can do, even to the prejudice of the usufruct granted by law to the father and mother of the minor not emancipated, during marriage; and the usufruct in that case, will cease to the advantage of him in whose favor the minor has disposed of it if the said minor dies being still under the power of his father and mother; and to dispose thus the minor has no need of the authorisation or concurrence of his curator.

Art. 8. Nevertheless the minor who has a right to dispose by donation mortis causa , cannot dispose to the advantage of his curator ad bona, nor to that of his preceptors or instructors, whilst he is under their authority.
The minor even when he comes of age, cannot dispose of property, either by donation inter vivos or mortis causa, to the profit of him who has been his tutor or curator ad bona, unless the final account of the tutorship or curatorship has been previously rendered and settled.
In the two cases above mentioned are excepted the relations of the minor who have been his tutors, curators or institutors.

Art. 9. A married woman cannot make a donation inter vivos, without the concurrence or special consent of her husband, or unless she be authorised by judicial process, conformably to what is prescribed by the title of husband and wife.
But she needs neither the consent of her husband nor any judicial authorization, to dispose by donation mortis causa.

Art. 10. Those who have lived together in open concubinage, are respectively incapable to make to each other any universal donation, or on an universal title, whether between inter vivos or mortis causa.

Art. 11. In order to be capable of receiving by donation inter vivos, it suffices to be conceived at the time of donation.
In order to be capable of receiving by last will, it suffices to be conceived at the time of the decease.
But the donation or the last will can have effect only in case the child should be born capable of living.

Art. 12. Natural children or acknowledged bastards cannot receive from their natural parents, by donation inter vivos or mortis causa, beyond what is strictly necessary to procure them sustenance, or an occupation or profession which may maintain them, whenever the father or the mother who has thus disposed in their favor, leaves legitimate children or descendants.
Those donations shall be reducible in the case of excess, according to the rules laid down at the title of father and child.

Art. 13. When the natural mother has not left any legitimate children or descendants, natural children may acquire from her by donation inter vivos or mortis causa, to the whole amount of her succession.
But if she has left them only a part, and has disposed of the rest in favor of other persons, her natural children have no action against her or her heirs, but for a supply of the sustenance that is secured to them by law, in case what she has left them be not sufficient for that sustenance.

Art. 14. When the natural father has not left legitimate children or descendants, the natural child or children acknowledged by him, may receive from him by donation inter vivos or mortis causa, to the amount of the following proportions, to wit:
Of the third part of his property, if he leaves legitimate ascendants: of the half, if he leaves legitimate brothers and sisters; and of three-fourths, if he leaves collaterals below brothers and sisters, provided always that in all these cases, if he has not left them a sufficient portion for the sustenance that is secured to them by law, they have an action of supplement similar to that which lies against the natural mother in the preceding article.

Art. 15. Natural fathers and mothers can, in no case, dispose of property in favor of their adulterine or incestuous children, even acknowledged, unless to the mere amount to what is necessary to their sustenance, or to procure them an occupation or profession by which to support themselves.

Art. 16. Doctors of physic or surgeons who have professionally attended a person during the sickness of which he or she dies, cannot receive any benefit from donations inter vivos or mortis causa made in their favor by the sick person during that sickness.- To this however there are the following exceptions:
1st. Remunerative dispositions made on a particular account, regard being had to the means of the disposer and to the services rendered;
2d. Universal dispositions in case of consanguinity;
The same rules are observed with regard to the minister of religious worship.

Art. 17. Every disposition in favor of a person incapable of receiving, shall be null, whether it be disguised under the form of an onerous contract or be made under the name of persons interposed.
The father and mother, the children and descendants, and the husband or wife of the incapable person, shall be reputed persons interposed.

Art. 18. Proof is not admitted of the dispositions having been made through hatred, anger, suggestion, or captation.




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