Louisiana Notary

A Civil Law Tradition

Civil Law Basics

Obligations and Contracts – Real Obligations

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Obligations and Contracts – Real Obligations

Art. 1763. Definition. A real obligation is a duty correlative and incidental to a real right.

Revision Comments-1984. In a case decided in 1979, Hawthorne Oil and Gas Corporation v. Continental Oil Corporation, 368 So.2d 726 (La.App. 3d Cir.1979), the court used the expression “real obligation” as referring to those obligations incurred as a result of ownership or possession of a thing burdened with a real right. This usage precisely indicates the manner in which this article defines a real obligation

Obligations and Contracts – Obligations

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Obligations and Contracts – Obligations

Art. 1906. Definition of contract. A contract is an agreement by two or more parties whereby obligations are created, modified, or extinguished.

Art. 1756. Obligations; definition. An obligation is a legal relationship whereby a person, called the obligor, is bound to render a performance in favor of another, called the obligee. Performance may consist of giving, doing, or not doing something.

Art. 1757. Sources of obligations. Obligations arise from contracts and other declarations of will. They also arise directly from the law, regardless of a declaration of will, in instances such as wrongful acts, the management of the affairs of another, unjust enrichment and other acts or facts.

Donations – Condition of the thing given upon return

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Donations – Condition of the thing given upon return

Art. 1567. Donee unable to return thing in same condition. When a donee or his successor is obligated to return a thing and he cannot restore it in essentially the same condition as it was at the time of the donation, the donor may elect to receive the thing in its present condition and require its return. In that event, the donee shall be accountable for any diminution in value at the time of the delivery.

Donations – Liability for fruits when donation is revoked or dissolved

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Donations – Liability for fruits when donation is revoked or dissolved

Art. 1566. Revocation or dissolution, donee’s liability for fruits. When a donation is revoked or dissolved, the donee or his successor is bound to restore or to pay the value of the fruits and products of the things given from the date of written demand. If the donation is dissolved for nonperformance of a condition or a charge that the donee had the power to perform, the court may order the donee or his successor to restore the value of the fruits and products received after his failure to perform if the failure to perform is due to his fault.

Donations – Donor’s rights to return of property upon dissolution

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Donations – Donor’s rights to return of property upon dissolution

Art. 1565. Dissolution for non-execution of condition. In case of dissolution of a donation of an immovable for the failure of the donee to fulfill conditions or perform charges, the property shall return to the donor free from all alienations, leases, or encumbrances created by the donee or his successors, subject to the law of registry. If the thing cannot be returned free from alienations, leases, or encumbrances, the donor may, nevertheless, accept it subject to the alienation, lease, or encumbrance, but the donee shall be accountable for any diminution in value. Otherwise, the donee shall restore the value of the thing donated, measured as of the time the action to dissolve is filed. In case of dissolution of a donation of a movable for failure to fulfill conditions or perform charges, an alienation, lease, or encumbrance created by the donee or his successors is effective against the donor only when it is an onerous transaction made in good faith by the transferee, lessee, or creditor.

Donations – Dissolution

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Donations – Dissolution

Art. 1562. Dissolution for non-fulfillment of suspensive condition or for occurrence of resolutory condition. If a donation is subject to a suspensive condition, the donation is dissolved of right when the condition can no longer be fulfilled. If a donation is subject to a resolutory condition, the occurrence of the condition does not of right operate a dissolution of the donation. It may be dissolved only by consent of the parties or by judicial decree.

Art. 1563. Non-fulfillment of conditions or nonperformance of charges that donee can perform or prevent. If a donation is made on a condition that the donee has the power to perform or prevent, or depends on the performance of a charge by the donee, the non-fulfillment of the condition or the nonperformance of the charge does not, of right, operate a dissolution of the donation. It may be dissolved only by consent of the parties or by judicial decree.

Donations – Revocation

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Donations – Revocation

Art. 1557. Revocation for ingratitude. Revocation on account of ingratitude may take place only in the following cases:

(1)If the donee has attempted to take the life of the donor; or

(2)If he has been guilty towards him of cruel treatment, crimes, or grievous injuries.

Art. 1560. Revocation for ingratitude, restoration. In case of revocation for ingratitude, the donee shall return the thing given. If he is not able to return the thing itself, then the donee shall restore the value of the thing donated, measured as of the time the action to revoke is filed.

Donations – Exceptions to Irrevocability

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Donations – Exceptions to Irrevocability

Art. 1556. Causes for revocation or dissolution. A donation inter vivos may be revoked because of ingratitude of the donee or dissolved for the non-fulfillment of a suspensive condition or the occurrence of a resolutory condition. A donation may also be dissolved for the non-performance of other conditions and charges.

Donations – Property that may be donated

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Donations – Property that may be donated

Art. 2349. Donation of community property; occurrence of other spouse. The donation of community property, to a third person requires the concurrence of the spouses, but a·spouse acting alone may make a usual or customary gift of a value commensurate with the economic position of the spouses at the time of the donation.

Art. 2343. Donation by spouse of interest in community. The donation by a spouse to the other spouse of his undivided interest in a thing forming part of the community transforms that interest into separate property of the donee. Unless otherwise provided in the act of donation, an equal interest of the donee is also transformed into separate property and the natural and civil fruits of the thing, and minerals produced from or attributed to the property given as well as bonuses, delay rentals, royalties, and shut-in payments arising from mineral leases, form part of the donee’s separate property.

Art. 2343.1. Transfer of separate property to the community. The transfer by a spouse to the other spouse of a thing forming part of his separate property, with the stipulation that it shall be part of the community, transforms the thing into community property. As to both movables and immovables, a transfer by onerous title must be made in writing a d a transfer by gratuitous title must be made by authentic act.