Table of Contents

CHAPTER VII - OF PARTITIONS MADE BY PARENTS AMONG THEIR DESCENDANTS

Art. 202. Fathers and mothers and other ascendants may make among their children or legitimate descendants, a distribution and partition of their property, either by designating the quantum of the parts and partitions which they assign to each of them, or in designating the property of such particular kind which shall compose their respective lots.

Art. 203. Those partitions may be made by act inter vivos (between the living) or by testament.

Art. 204. Those made by an act inter vivos can have only present property for their object, and are subject to all the formalities and conditions of donations inter vivos.

Art. 205. Those made by testament must be made in the form prescribed for acts of that kind, and are subject to the same rules.
Such partitions cannot be made by codicil.

Art. 206. If the partition whether inter vivos or by testament has not comprised all the property that the ascendant leaves on the day of his decease, the property not comprised in the partition is divided according to law.

Art. 207. If the partition whether inter vivos or by testament, be not made amongst all the children living at the time of the decease, and the descendants of those predeceased, the partition shall be null and void for the whole; the child or descendant who had not part in it, may require a new partition in legal form.

Art. 208. The partition made by the ascendant, can be objected to only in the single case of one of the sharers alledging and offering to prove that there has been lesion of more than one fifth part to his prejudice.

Art. 209. The child who objects to the partition made by the ascendant on the plea of lesion of more than one fifth to his prejudice, must advance the expences of having the property estimated, and must ultimately support them and the costs of suit, if his claim be not founded.

 

CHAPTER VIII - OF DONATIONS MADE BY MARRIAGE CONTRACT TO THE HUSBAND OR
WIFE, AND TO THE CHILDREN TO BE BORN OF THE MARRIAGE

Art. 210. Every donation inter vivos though made by marriage contract, to the husband and wife or to either of them is subject to the general rules prescribed for the donations made under that title.
It cannot take effect for the benefit of children to be born.

Art. 211. Fathers and omthers, the other ascendants, the collateral relations of either of the spouses, and even strangers, may give the whole or a part of the property they shall leave on the day of their decease, both for the benefit of said spouses and for that of the children to be born of their marriage, in case the donor survive the spouse donee.
Such a donation though made for the benefit of the spouses or of one of them, is always in the aforesaid case of the survivorship of the donor, presumed to be made for the benefit of the children or descendants to proceed from that marriage.

Art. 212. A donation in the form specified in the preceding article, is irrevocable only in this sense, that the donor cannot longer, on a gratuitous title, dispose of the objects comprised in the donation, unless for moderate sums by way of recompense or otherwise.
The donor retains till death the full liberty of selling and mortgaging, unless he has formally barred himself of it in the whole or in part.

Art. 213. A donation in favor of marriage may be made accumulatively of the property present and future, provided that to the act be annexed a statement of the debts and charges of the donor existing on the day of the donation; in which case the donee, on the decease of the donor may accept merely the present property, renouncing the surplus of the property of the donor.

Art. 214. If the statement mentioned in the preceding article, has not been annexed to the act conveying a donation of property present and future, the donee shall be obliged to accept or reject that donation wholly; and in case of acceptance, he shall claim only the property existing on the day of the donor's decease, and he shall be liable to the payment of all the charges and debts of the succession.

Art. 215. Donations made by marriage contract, cannot be impeached or declared void on pretence of a want of acceptance.

Art. 216. Every donation made in favor of marriage, falls, if the marriage does not take place.

Art. 217. Donations made to one of the spouses on the terms of articles 211 and 213, fall, if the donor survives the donee and his or her posterity.

Art. 218. All donations made to a married couple by their marriage contract, are at the time of the opening of the succession of the donor, reducible to the portion that the law permitted him to dispose of

 

CHAPTER IX - OF DONATIONS BETWEEN MARRIED PERSONS, EITHER BY MARRIAGE CONTRACT, OR DURING THE MARRIAGE

Art. 219. Married persons can, by marriage contract, make to each other reciprocally, or the one to the other, what donations they think proper, under the modifications hereafter expressed.

Art. 220. Every donation between the living, of present property, made between married persons, by marriage contract, shall not be deemed to be made on the condition of the survivorship of the donee, if that condition be not formally expressed, and it is subject to all the rules above prescribed for those kinds of donations.

Art. 221. A donation of property in future or of property present and in future, made between married persons, by marriage contract, whether simple or reciprocal, shall be subject to the rules established by the preceding chapter, with regard to similar donations made to them by a third person; except that it shall not be transmissive to the children, the issue of the marriage, in case of the death of the spouse donee before the spouse donor.

Art. 222. One of the married couple may either by marriage contract, or during the marriage, in case of his or her leaving no children nor legitimate descendants, give to the other in full property, all that he or she might give to a stranger.
And in case the spouse donor leaves children or legitimate descendants, he or she may give to the other spouse, either a tenth part in full property or the usufruct only, of the one fifth of all his or her property.

Art. 223. A minor emancipated can, by marriage contract, give to his or her spouse, either by simple or by reciprocal donation, whatever can be given by a spouse who has attained the age of majority.
A minor not being emancipated can give only with the consent of those relations whose consent is requisite for the validity of the marriage, and with that consent he or she can give all that the law permits a married person of full age to give to his or her consort.
If the relation whose consent is necessary, be dead, the minor not emancipated, cannot give without the authorisation of a court of justice.

Art. 224. All donations made between married persons, during marriage, though termed inter vivos, shall always be revocable.
The revocation may be made by the wife, without her being authorised to that effect by her husband or by a court of justice.
Those donations shall not be revoked by the birth of children, provided they do not exceed the quantum of which married persons are permitted to dispose between themselves, to the prejudice of their children or legitimate descendants by article 222 above.

Art. 225. Married persons cannot, during marriage, make to each other, by an act either inter vivos or mortis causa, any mutual or reciprocal donation by one and the same act.

Art. 226. A man or woman who contracts a second or subsequent marriage, having children by a former one, can give to his wife or she to her husband, only the least child's portion, and that only as a usufruct; and in no case shall the portion of which the donee is to have the usufruct, exceed the fifth part of the donor's estate.

Art. 227. The donation mentioned in the preceding article, can, in no case, affect any property, but the estate belonging to the man or woman who contracts a second marriage, and cannot comprise any effects which came to him or her, from the deceased spouse, either by donation made before or after the marriage or otherwise or by the succession of some of the children of the preceding marriage; these effects being, according to law, reserved to the children of said marriage, in case their father or mother marries again.

Art. 228. Husbands and wives cannot give to each other indirectly beyond what is permitted by the foregoing dispositions.
All donations disguised or made to persons interposed, shall be null and void.

Art. 229. All donations made by one of the spouses to the children or to any one of the children of the other spouse by a former marriage, and such as are made by the donor to relations to whom the other spouse is presumptive heir on the day of the donation, although the latter may not survive the relation who is the donee, shall be deemed made to persons interposed.




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