A Civil Law Tradition
Art. 1544. Donation effective from’time of acceptance.A donation inter vivos is without effect until it is accepted by the donee. The acceptance shall be made during the lifetime of the donor. The acceptance of a donation may be made in the act of donation or subsequently in writing.When the donee is put into corporeal possession of a movable by the donor, possession by the donee also constitutes acceptance of the donation.
Art. 1551. Effects of acceptance. A donation is effective upon acceptance. When the donation is effective, the ownership or other real right in the thing given is transferred to the donee.
Art. 1845. Confirmation of donation. A donation inter vivos that is null for lack of proper form may be confirmed by the donor but the confirmation must be made in the form required for a donation. The universal successor of the donor may, after his death, expressly or tacitly confirm such a donation.
Art. 1844. Effects of confirmation and ratification. The effects of confirmation and ratification are retroactive to the date of the confirmed or ratified obligation. Neither confirmation nor ratification may impair the rights of third persons.
Art. 1550. Form for donation of certain incorporeal movables. The donation or the acceptance of a donation of an incorporeal movable of the kind that is evidenced by a certificate, document, instrument, or other writing, and that is transferable by endorsement or delivery, may be made by authentic act or by compliance with the requirements otherwise applicable to the transfer of that particular kind of incorporeal movable.
Art. 1543. Manual gift. The donation inter vivos of a corporeal movable may also be made by delivery of the thing to the donee without any other formality.
Art. 1541. Form required for donations. A donation inter vivos shall be made by authentic act under the penalty of absolute nullity, unless otherwise expressly permitted by law.
Art. 1542. Identification of donor, donee, and the thing donated required. The act of donation shall identify the donor and the donee and describe the thing donated. These requirements are satisfied if the identities and description are contained in the act of donation or are reasonably ascertainable from information contained in it as clarified by extrinsic evidence, if necessary.
Art. 1532. Stipulation for right of return to donor.The donor may stipulate the right of return of the thing given, either in the case of his surviving the donee only, or in the case·of his surviving the donee and the descendants of the donee. The right may be stipulated only for the advantage of the donor.
Art. 1533. Right of return; effect. The effect of the right of return is that the thing donated returns to the donor free of any alienation, lease, or encumbrance made by the donee or his successors after the donation. The right of return shall not apply, however, to a good faith transferee for value of the thing donated. In such a case, the donee and his successors by gratuitous title are, nevertheless, accountable for the loss sustained by the donor.
Art. 1520. Prohibited substitutions, definitions. A disposition that is not in trust by which a thing is donated in full ownership to a first donee, called the institute, with a charge to preserve the thing and deliver it to a second donee, called the substitute, at the death of the institute, is null with regard to both the institute and the substitute.
Art. 1497. Disposable portion in absence of forced heirs. If there is no forced heir, donations inter vivos and mortis causa may be made to the whole amount of the property of the donor, saving the reservation made hereafter.
Art. 1498. Nullity of donation inter vivos of entire pahimony. The donation inter vivos shall in no case divest the donor of all his property; he must reserve to himself enough for subsistence. If he does not do so, a donation of a movable is null for the whole, and a donation of an immovable is null for the whole unless the donee has alienated the immovable by onerous title, in which case the donation of such immovable shall not be declared null on the ground that the donor did not reserve to himself enough for his subsistence, but the donee is bound to return the value that the immovable had at the time that the donee received it. If the donee has created a real right by onerous title in the immovable given to him, or such right has been created by operation of law since the donee received the immovable, the donation is null for the whole and the donor may claim the immovable in the hands of the donee, but the property remains subject to the real right that has been created. In such a case, the donee and his successors by gratuitous title are accountable for the resulting diminution of the value of the property.
Art. 1526. Onerous donation. The rules peculiar to donations inter vivos do not apply to a donation that is burdened with an obligation imposed on the donee that results in a material advantage to the donor, unless at the time of the donation the cost of performing the obligation is less than two-thirds of the value of the thing donated.
Art. 1527. Remunerative donations. The rules peculiar to donations inter vivos do not apply to a donation that is made to recompense for services rendered that are susceptible of being measured in money unless at the time of the donation the value of the services is less than two-thirds of the value of the thing donated.
