Table of Contents

CHAPTER V - OF DONATIONS INTER VIVOS (BETWEEN LIVING)

 

SECTION I - OF THE IRREVOCABILITY OF DONATIONS INTER VIVOS

Art. 43. A donation inter vivos can comprehend only the present property of the donor.  If it comprehends property to come, it shall be null with regard to that.

Art. 44. Every donation inter vivos made on conditions, the execution of which depends on the sole will of the donor, is null.

Art. 45. It is also null, if it was made on condition of paying other debts and charges than those that existed at the time of the donation, or were expressed, either in the act of donation, or in the act that was to be annexed to it.

Art. 46. In case the donor has reserved to himself the liberty of disposing of any object comprised in the donation, or of a stated sum on the property given, if he dies without having disposed of it, the said object, or the said sum shall belong to the heirs of the donor, any clause or stipulation to the contrary notwithstanding.

Art. 47. The four preceding articles are not applicable to donations of which mention is made in the chapters the 8th and 9th of the present title.

Art. 48. No donation inter vivos of moveable property or slaves, shall be valid for any other effects than those of which an estimate signed by the donor or donee or by those who accept for him, is annexed to the record of the donation.

Art. 49. When the donation of moveable property or slaves, has been made with the reservation of usufruct, the donee is bound at the expiration of the usufruct to take the given effects that may be in kind, in the state they are in; and he has an action against the donor or his heirs on account of the objects not existing, to the amount of the value that was given to them in the estimate.

Art. 50. The donor is permitted to reserve for his own advantage, or to dispose of for the advantage of any other person, the enjoyment or usufruct of the immoveable property given.

Art. 51. The donor may stipulate that right of return of the objects given, either in case of his surviving the donee alone, or in case of his surviving the donee and his descendants.
That right can be stipulated only for the advantage of the donor alone.

Art. 52. The effect of the right of return is that it cancels all alienations of the property given that may have been made by the donee or his descendants, and makes the said property return to the donor free and clear of all incumbrances and mortgages, saving however the mortgage of the dowry and matrimonial agreements, if the other property of the husband being the donee, be not sufficient, and only in case that the donation was made to him by the said marriage contract from whence arise these rights and mortgages.

 

SECTION II - OF THE FORM OF DONATIONS INTER VIVOS

Art. 53. All acts containing donations inter vivos, must be passed before a notary public and two witnesses, in the usual form of contracts, otherwise they are null and void.

Art. 54. A donation inter vivos shall be binding on the donor, and shall produce the effect only from the day of its being accepted in precise terms.
The acceptance may be made during the life time of the donor, by a posterior and authentic act, but in that case the donation shall have effect with regard to the donor, only from the day of his being notified of the act establishing that acceptance.

Art. 55. If the donee be of full age, the acceptance may be made by him or in his name, by his attorney in fact, having special power to accept the said donation made, or a general power to accept the donations that have been or may be made.

Art. 56. A married woman cannot accept a donation, without the consent of her husband, or in case of the husband's refusal, without being authorised by the judge, conformably to what is prescribed by the title of husband and wife.

Art. 57. A donation made to a minor under the age of puberty, must be accepted by his tutor.
A minor arrived at the age of puberty but not emancipated must accept it under the authorisation or with the concurrence of his curator.
Nevertheless the parents of a minor whether he be arrived at the age of puberty or not, whether he be or be not emancipated, and the other legitimate ascendants even in the life time of the parents, though they be neither tutors nor curators to the minor, may accept for him.

Art. 58. If a donee being of full age be under interdiction, the accepttance is made for him by his curator.

Art. 59. A person deaf and dumb knowing how to write, may accept for himself or by an attorney in fact.
If he cannot write, the acceptance shall be made by a curator appointed by the judge for that purpose.
Donations made for the benefit of hospital, of the poor of a community, or of establishments of public utility, shall be accepted by administrators of the said communities or establishments.

Art. 61. A donation duly accepted shall be perfect from the sole consent of the parties, the property of the objects given shall be transferred to the donee without the necessity of any other transfer.

Art. 62. When there is a donation of property susceptible of mortgage, a transcript of the act containing the donation and the acceptance, also the notification made by a separate act, must be made within the time directed for the transcript of mortgages, in a separate folio book kept for that purpose by the register of the mortgages of the territory, which folio book shall be opened to the inspection of all parties requiring it.

Art. 63. This transcription shall be made at the instance of the husband, when the property has been given to his wife; and if the husband does not comply with this formality, the wife may cause it to be complied with without requiring authorisation for that purpose.
When the donation is made to minors, to persons under interdiction or to public establishments, the transcription shall be made at the instance of the tutors, curators or administrators.

Art. 64. The want of transcription may be pleaded by all persons concerned, except however those who were charged to cause the transcription to be made, or their assigns, and the donor.

Art. 65. Minors, persons under interdiction or married women, shall not be entitled to restitution against the want of the acceptance or transcription of donations; but they have their recourse against their tutors, curators or husbands, if it is the case, and without the restitution's being allowed, even in case of the insolvency of said tutors, curators or husbands.




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