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DONATIONS INTER VIVOS - Part 1

November 6, 2016

 

 

 

CHAPTER 5 - DONATIONS INTER VIVOS

 

SECTION 1 - GENERAL DISPOSITIONS

 

Arts. 1523-1525. [Blank]

 

Art. 1526. 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. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

 

Art. 1527. 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. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

 

Art. 1528. The donor may impose on the donee any charges or conditions he pleases, provided they contain nothing contrary to law or good morals. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

 

Art. 1529. A donation inter vivos can have as its object only present property of the donor. If it includes future property, it shall be null with regard to that property. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

 

Art. 1530. A donation inter vivos is null when it is made on a condition the fulfillment of which depends solely on the will of the donor. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

 

Art. 1531. A donation is also null if it is burdened with an obligation imposed on the donee to pay debts and charges other than those that exist at the time of the donation, unless the debts and charges are expressed in the act of donation. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

 

Art. 1532. 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. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

 

Art. 1533. 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. [Amended by Acts 1974, No. 210, 1; Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

 

Arts. 1534-1540. [Blank]

 

SECTION 2 - OF THE FORM OF DONATIONS INTER VIVOS

 

Art. 1541. A donation inter vivos shall be made by authentic act under the penalty of absolute nullity, unless otherwise expressly permitted by law. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

 

Art. 1542. 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. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

 

Art. 1543. The donation inter vivos of a corporeal movable may also be made by delivery of the thing to the donee without any other formality. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

 

Art. 1544. 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. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

 

Art. 1545. The donee may accept a donation personally or by a mandatary having power to accept a donation for him. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

 

Art. 1546. The acceptance shall be made during the lifetime of the donee. If the donee dies without having accepted the donation, his successors may not accept for him. [Amended by Acts 1966, No. 44, §1; Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

 

Art. 1547. If the donee refuses or neglects to accept the donation, his creditors may not accept for him. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

 

Art. 1548. A donation made to an unemancipated minor may be accepted by a parent or other ascendant of the minor or by his tutor, even if the person who accepts is also the donor. [Acts 1988, No. 546, §1; Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

 

Art. 1549. The donee acquires the thing donated subject to all of its charges, even those that the donor has imposed between the time of the donation and the time of the acceptance. [Acts 1988, No. 546, §1; Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

 

Art. 1550. 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.

 

In addition, an incorporeal movable that is investment property, as that term is defined in Chapter 9 of the Louisiana Commercial Laws, may also be donated by a writing signed by the donor that evidences donative intent and directs the transfer of the property to the donee or his account or for his benefit. Completion of the transfer to the donee or his account or for his benefit shall constitute acceptance of the donation. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

 

Art. 1551. 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. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

Arts. 1552-1555. [Blank]

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