Civil Code > TITLE XV CONTRACTS RELATING TO THE ASSIGNMENT OF RIGHTS 3

<< < TITLE XV CONTRACTS RELATING TO THE ASSIGNMENT OF RIGHTS 3 > >>

Chapter 3. Donation

Art. 2427 – Definition.

A donation is a contract whereby a person, the donor, gives some of his property or assumes an obligation with the intention of gratifying another person, the donee.

Art. 2428 – Donation mortis causa.

A donation to be carried into effect on the death of the donor shall be subject to the provisions regarding wills.

Art. 2429 – Donation on the occasion of marriage.

(1) A donation made on the occasion of a marriage shall be subject to the provisions regarding ordinary donations.

(2) It shall in no case be deemed to be done for consideration.

(3) Nothing in this Article shall affect the special provision regarding a donation made on the occasion of a marriage (Art. 2457).

Art. 2430 – Gratuitous services.

The fact of rendering gratuitous services or enabling another to dispose of a thing free of charge shall not be deemed to constitute a donation.

Art. 2431 – Renunciation.

The fact of renouncing rights in an inheritance, refusing a legacy or failing to fulfill a condition on which the acquisition or preservation of a right depends shall not be deemed to constitute a donation.

Art. 2432 – Natural obligations.

A payment made in performing a moral obligation shall not be deemed to constitute a donation.

Art. 2433 – Reward.

A payment made in accordance with usage to reward services rendered to the donor or his family shall not be deemed to constitute a donation.

Art. 2434 – Personal nature of donation.

(1) A donation is an act purely personal to the donor.

(2) The authority given to make a donation shall be of no effect unless it specifies the property to be donated and the donee.

Art. 2435 – Promise to make a donation.

(1) A promise to make a donation shall give rise to no obligation.

(2) Where such promise is broken, the promisor shall refund the other party such expenses as may have been made in good faith on the basis of such promise.

Art. 2436 – Acceptance by donee.

(1) A contract of donation shall not be complete until the donee has expressed his intention to accept the liberality.

(2) Such acceptance shall not be valid where it is expressed after the death of the donor or his having become incapable.

(3) A donation may be accepted on behalf of the donee by his legal representative but not by his heirs.

Art. 2437 – Donor of unsound mind.

A donation may not be invalidated on the ground that the donor was of unsound mind unless:

(a) the donor was interdicted at the time of the donation and the donation was not regularly made by his tutor; or

(b) An application for the interdiction of the donor was made during his life and the donor died before the application was decided on by the court; or

Art. 2438 – Unlawful motive.

(1) A donation shall be null and void where it was exclusively or principally inspired by an immoral or unlawful motive.

(2) No donation shall be null in such case unless the immoral or unlawful motive can be inferred from the contract of donation or other documents written by the donor.

Art. 2439 – Undue influence. – 1. Reference to successions.

(1) The court may reduce or invalidate a donation on the same conditions as it may reduce or invalidate a testamentary provision (Art. 868-873).

(2) An application for reduction or invalidation may be made notwithstanding that the donee is a relative by consanguinity or affinity or the spouse of the donor.

(3) In cases of a donation made to a guardian or tutor, the age of the donor shall not be taken into account.

Art. 2440 – 2. Donation in consideration of a dispute.

An application for the invalidation of a donation may be made where such donation had as its purpose to cause the donee or some other person to use his influence or give his assistance for the settlement of a dispute affecting the interests of the donor or the spouse or a relative of the donor.

Art. 2441 – 3. Application how made.

(1) An application for the reduction or invalidation of a donation shall, under pain of loss of right, be made within two years from the donation.

(2) After the death of the donor, it may only be made by the persons who are authorized by law to require the invalidation of a testamentary provision on the ground of undue influence (Art. 874).

Art. 2442 – Mistake or fraud.

(1) The heirs of the donor may not apply for the donation to be invalidated on the ground of a mistake committed by the donor except on the conditions on which they may apply for the invalidation of a testamentary provision on the ground of mistake (Art. 877).

(2) The heirs of the donor may not apply for the donation to be invalidated on the ground of fraud.

(3) The heirs may in any case continue proceedings for the invalidation of the donation on the ground of mistake or fraud which have been instituted by the donor during his life.

Art. 2443 – Form. – 1. Immovables.

A donation relating to an immovable or a right on an immovable shall be of on effect unless it is made in the form government the making of a public will (Art. 881-883).

Art. 2444 – 2. Corporeal chattels and bearer titles.

(1) Corporeal chattels and bearer titles may be donated by mere delivery.

(2) They may also be donated in the form governing the donation of immovables.

Art. 2445 – 3. Other rights and credits.

(1) Other rights and credits may be donated in the form governing their assignment for consideration.

(2) A donation may be made by remitting the donee’s debt.

(3) It may also be made by naming the donee as beneficiary of a stipulation for a third party contained in a contract made between the donor and another person.

Art. 2446 – Disguised donation.

(1) A donation may be made in the form of an act made for consideration.

(2) The substantive rules governing donations shall apply to disguised donations.

Art. 2447 – Proof of donation.

(1) Whosoever alleges that a donation has been made shall prove its existence.

(2) The possession of corporeal chattels or bearer titles shall not be proof of the existence of a donation unless such possession is unequivocal.

Art. 2448 – Revocation for ungratefulness. – 1. By the donor.

(1) Notwithstanding any provision to the contrary, a donation may be revoked on the ground of ungratefulness of the donee, where the donee has committed an act which would make him unworthy to succeed the donor.

(2) The donation may not be revoked where the donor has forgiven the donee.

(3) Notwithstanding any evidence to the contrary, such forgiveness shall be deemed to have been granted where the donor has not informed the donee of his intention to revoke the donation within one year from his becoming aware of the possible ground for revocation.

Art. 2449 – 2. By the heirs of the donor.

A donation may not be revoked by the heirs of the donor unless:

(a) the donor, before his death, unequivocally informed the donee of his intention to revoke the donation; or

(b) The donee has intentionally caused the death of the donor; or

(d) The donee prevented the donor from exercising his right of revocation.

Art. 2450 – Birth of child.

Unless otherwise provided in the contract of donation, a donation may not be revoked where a child is born to the donor.

Art. 2451 – Object of donation.

(1) A donation may only relate to property belonging to the donor on the day of the donation.

(2) A donation shall be of no effect to the extent that it relates to future property.

Art. 2452 – Disputed property.

A donation shall be null and void to the extent that it relates to property which, on the day of the donation, is the subject matter of a dispute.

Art. 2453 – Usufruct reserved.

The donor may reserve for himself the usufruct of property donated by him.

Art. 2454 – Donation of periodical dues.

Unless otherwise expressly provided, a donation relating to periodical dues shall lapse on the death of the donor.

Art. 2455 – Conditions or charges.

(1) A donation may be made subject to a condition or charge.

(2) The provisions of the Title of this Code relating to “Successions” which concern conditions or charges in respect of legacies shall apply to conditions and charges in respect of donations (Art. 916-923).

Art. 2456 – Impossible or unlawful condition or charge.

(1) Where the donor has made the donation subject to a conditions or charge which is impossible or contrary to law or morals, such condition or charge shall be deemed not to have been imposed.

(2) The donation shall not be null and void in such case, notwithstanding that the condition or charge was essential to the donor.

Art. 2457 – Donation on the occasion of marriage.

(1) A donation to a future spouse shall be subject to the condition that the marriage be celebrated.

(2) So shall a donation made, on the occasion of a marriage, to the father, mother or other relatives of one of the future spouses.

(3) The effect of the cancellation or dissolution of the marriage on such donation shall be as prescribed in the Title of this Code relating to “Family relationship” (Art. 684 and 689).

Art. 2458 – Duty to maintain donor.

(1) Unless otherwise expressly provided, the donation shall be subject to a charge compelling the donee to supply maintenance to the donor, should the donor be in need.

(2) The donor may in his discretion require maintenance from the donee or from other persons legally bound to supply him maintenance.

(3) Such persons may claim from the donor where they have supplied maintenance to the donor.

Art. 2459 – Charge for the payment of debts.

A charge compelling the donee to pay the debts of the donor shall not be valid unless it specifies the amount of the debts to be paid by the donee.

Art. 2460 – Returning donated property.

(1) The donor may stipulate that property donated by him shall be returned to him, should the donee die before him.

(2) Unless otherwise expressly provided, a stipulation for the return of property may not be enforced where the deceased donee has left descendants.

(3) A stipulation for the return of property shall have the same effect as a provision prohibiting assignment and shall be subject to the same formalities.

Art. 2461 – Substitution.

(1) The donor may stipulated that the donee shall keep the property donated and transmit it, on his death or on the expiry of a given period of time or on the fulfillment of a given condition, to one or more persons who shall substitute themselves for the donee.

(2) Such stipulation shall be effective on the conditions and subject to the formalities laid down in this Code in respect of substitution made by will (Art. 929-934).

Art. 2462 – Execution of charge.

(1) The donor may demand that the charge stipulated in the contract of donation be executed.

(2) Execution may also be demanded by the person in whose favour the charge was stipulated, by the person appointed for this purpose by the donor or by the heirs of the donor.

(3) The duty of the donee to execute the charge shall be restricted to the value of the property donated as on the day of the donation.

Art. 2463 – Endowment and trust.

The donee may constitute an endowment or trust in accordance with the provisions of the Title of this Code relating to “Bodies corporate and Property with a specific destination” (Art. 483-544).

Art. 2464 – Cancellation for failure to execute charge.

(1) A donation may, on the application of any of the persons mentioned in Art. 2462, be cancelled on the ground that the donee has failed to executed the charge.

(2) It may not be cancelled on the application of the heirs of the donor unless the donor made an express provision to this effect and regulated the effect of such cancellation.

(3) The conditions on which a donation may be cancelled and the effect thereof shall be as prescribed by the Title of this Code relating to “Contracts in general” (Art. 1808-1818).

Art. 2465 – Warranty against eviction.

(1) The donor shall warrant the donee against eviction where he has expressly given such warranty or eviction is due to his default or a fraud committed by him.

(2) Such warranty shall be subject to the provisions of this Code regarding contracts of sale (Art. 2282-2286).

(3) The donee who has been evicted may, in accordance with such provisions, require to be refunded such expenses as have been caused to him by the donation and as have not been compensated by the acquisition of the fruits of the property donated.

Art. 2466 – Warranty against defects.

(1) The donor shall not warrant the donee against defects in the property donated unless he has expressly given such warranty or he has committed fraud.

(2) Such warranty shall be subject to the provisions of this Code regarding contracts of sale (Art. 2287-2300).

(3) The donee may, in accordance with such provisions, require to be refunded such expenses as have been caused to him be the defects and as have not been compensated by the acquisition of the fruits of the property donated.

Art. 2467 – Actio pauliana.

(1) The creditors of the donor may apply for the cancellation of any donation made by him in fraud of their rights.

(2) The provisions of the Title of this Code rating to “Contracts in general” shall apply in such case (Art. 1995-1999).

Art. 2468 – Creditors for maintenance. – 1. Principle.

Whosoever has a claim for maintenance against the estate of a deceased donor may, where such estate is insufficient, claim against any person who has received a donation from the deceased within three years before his death.

Art. 2469 – 2. Value to be taken into account.

(1) The donee shall be liable to the extent of the value of the property donated to him.

(2) Such value shall be assessed as on the day of the donation.

(3) Where appropriate, the value of the charges to which the donation was made subject shall be deducted.

Art. 2470 – 3. Plurality of donations.

(1) Where the deceased made several donations within three years before his death, each donee shall be liable to satisfy claims for maintenance in proportion to the value of the property donated to him.

(2) The date on which each donation was made shall not be taken into account.

LawCodes