Table of Contents

SECTION III - OF THE EXCEPTIONS TO THE RULE OF THE IRREVOCABILITY OF DONATIONS INTER VIVOS

Art. 66. A donation inter vivos cannot be revoked unless on account of ingratitude; on account of the non execution of the conditions on which it was made; and on account of the subsequent birth of children.

Art. 67. Revocation on account of ingratitude can take place only in the three following cases.
1st, If the donee has attempted to take the life of the donor;
2d, If he has been guilty towards him of cruel treatments, crimes or grievous injuries
3d, If he has refused him food when in distress.

Art. 68. An action of revocation for cause of ingratitude, must be bro't within one year from the day of the act of ingratitude imputed by the donor to the donee, or from the day that that act was made known to the donor.
This revocation cannot be sued for by the donor against the heirs of the donee, not by the heirs of the donor against the donee; unless that in the latter case the suit was brought by the donor, or he died within the year in which the act of ingratitude was committed.

Art. 69. Revocation for cause of ingratitude affects neither the alienations made by the donee, nor the mortgages, nor the real encumbrances he may have laid on the object of donation, provided the said transaction were anterior to the bringing of the suit of revocation.

Art. 70. In case of revocation for cause of ingratitude, the donee shall be obliged to restore the value of the object given, regard being had to the time of bringing the action, and the proceeds from the day that it is brought.

Art. 71. Donations in favor of marriage are not revocable for cause of ingratitude when there are children of that marriage.
When there are not, the revocation takes place with regard to the donee, but without impairing the rights resulting from the marriage in favor of the other spouse.

Art. 72. An action of revocation or nullity on account of the non execution of the condition imposed on the donee, is subject only to usual prescription, it lies only from the day that the donee ceased to fulfil his obligations.

Art. 73. In case of revocation or nullity for cause of non execution of the conditions, the property shall return to the donor free from all incumbrances or mortgages laid on them by the donee; and the donor shall have against any other persons possessing the immoveable property given, all the rights that he would have against the donee himself.

Art. 74. All donations inter vivos made by persons having neither children, nor descendants actually living at the time of the donation, of whatever value those donations may be, and on whatever account they may have been made should they even be mutual or remunerative, not excepting such as were made in favor of marriage by any but the ascendants to the spouses, or by the spouses the one to the other, shall continue revoked of right by the birth of children to the donee, even of a posthumous child, or by the legitimation of a natural child by a subsequent marriage, if the child be born since the donation.

Art. 75. That revocation takes place even though the child of the donor were conceived at the time of the donation.

Art. 76. The donation shall be equally revoked even should the donee have entered into the possession of the things given, and have been suffered by the donor to remain in possession after the birth of children, without however the donee's being liable to restore the proceeds by him received of whatever nature they be, unless from the day that the birth of the child, or his legitimation by subsequent marriage was notified to him, from which day he is liable, even though the claim of recovering possession of the property given, be made posteriorly to that notification.

Art. 77. The property comprised in a donation revoked of full right, shall return to the patrimony of the donor, free from all charges and mortgages brought on it by the donee, without its being liable to be appropriated, even as subsidiary to the restitution of the dowry or other goods of the donee's wife and other matrimonial agreements; and this shall take place even though the donation were made in favor of the marriage of the donee, and inserted in the contract, and though the donor bound himself as security by the donation to the execution of the contract.

Art. 78. Donations thus revoked cannot be revived nor become again effectual either by the death of the donor's child, or by an confirmative act; and if the donor desires to give the same property to the same donee, either before or after the death of the child by whose birth the donation has been revoked, he can do it only by a new disposition.

Art. 79. Every clause or agreement by which the donor may have renounced the revocation of the donation on account of the birth of a child, shall be held null and of no effect.

Art. 80. The donee, his heirs or assigns cannot plead prescription in support of the donation revoked by the birth of a child, until after a possession of thirty years not to commence before the day of the birth of the last of the donor's children, be the children even posthumous; and this prescription is liable to all legal interruptions.




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