Succession and Testament – Who can be a legatee?
Art. 1470. Persons capable of giving or receiving. All persons have capacity to make and receive donations inter vivos and mortis causa, except as expressly provided by law.
Art. 1472. Capacity to receive, time for existence. Capacity to receive a donation inter vivos must exist at the time the donee accepts the donation. Capacity to receive a donation mortis causa must exist at the time of death of the testator.
Art. 1474. Unborn children, capacity to receive. To be capable of receiving by donation inter vivos, an unborn child must be in utero at the time the donation is made. To be capable of receiving by donation mortis causa, an unborn child must be in utero at the time of the death of the testator. In either case, the donation has effect only if the child is born alive.
