« 上一頁繼續 »
Of the Donations inter vivos (between living persons).
ART. 1510.-T'here are three kinds of donations inter vivos:
T'he donation purely gratuitous, that which is made without condition and merely from liberality;
The onerons donation, or that which is burthened with charges imposed on the donee;
The remunerative donation, or that the object of which is to recompense for services rendered.
ART. 1511.-The onerous donation is not a real donation, if the value of the object given does not manifestly exceed that of the charges imposed on the donee.
ART. 1512.-The remunerative donation is not a real donation, if the value of the services to be recompensed thereby being appreciated in money, should be little inferior to that of the gift.
ART. 1513.-In consequence, the rules peculiar to donations inter vivos do not apply to onerous and remunerative donations, except when the value of the object given exceeds by one half that of the charges or of the services.
ART. 1514.-A donation inter vivos can comprehend only the present property of the donor. If it comprehends property to come, it shall be null with regard to that.
ART. 1515.-The donor may impose on the donee any charges or conditions he pleases, provided they contain nothing contrary to law or good morals.
ART. 1516.-Every donation inter vivos made on con
ditions, the execution of which depends on the sole will of the donor, is null.
ART. 1517.-It is also null, if it was made on condition of paying other debts and charges than those that existed at the time of the donation, or were expressed either in the act of donation, or in the act that was to be annexed to it.
ART. 1518.-In case the donor has reserved to himself the liberty of disposing of any object comprised in the donation or of a stated sum on the property given, if he dies without having disposed of it, that object or sum shall belong to the heirs of the donor, any clause or stipulation to the contrary notwithstanding.
ART. 1519.—The four preceding articles are not applicable to donations of which mention is made in the eighth and ninth chapters of the present title.
ART. 1520.- The donor is permitted to dispose, for the advantage of any other person, of the enjoyment or usufruct of the immoveable property given, but cannot reserve it for himself.
ART. 1521.-The donor may stipulate the right of return of the objects given, either in case of his surviving the donee alone, or in case of his surviving the donee and his descendants.
That right can be stipulated for the advantage of the donor alone.
ART. 1522.—The effect of the right of return is, that it caneels all alienations of the property given, that may have been made by the donee or his descendants, and causes the property to return to the donor, free and clear of all incumbrances and mortgages, except, however, the mortgage for the dowry and matrimonial agreeinents, if the other property of the husband, being the donee, be not sufficient, and only in case the donation was made to him by the same inarriage contract, which gave rise to such rights and mortgages.
Of the form of Donations inter vivos.
ART. 1523.-An act shall be passed before a notary public and two witnesses of every donation inter vivos of immoveable property, of slaves or incorporeal things, such as renls, credits, rights or actions, under the penalty of nullity.
ART. 1524.–No feigned delivery of immoveables or slaves given shall have effect against third persons.
ART. 1525.–A donation inter vivos, even of moveable effects, will not be valid, unless an act be passed of the same, as is before prescribed.
Such an act ought to contain a detailed estimate of the effects given.
ART. 1526.-The manual gift, that is, thegiving of corporeal moveable effects, accompanied by a real delivery, is not subject to any formality.
ART. 1527.–A donation inter vivos shall be binding on the donor, and shall produce effect only from the day of its being accepted in precise terms.
The acceptance may be made during the life time of the donor by a posterior and authentic act, but in that case the donation shall have effect, with regard to the donor, only from the day of his being notified of the act establishing that acceptance.
ART. 1528.-Yet if the donation has been executed, that is, if the donee has been put by the donor into corporal possession of the effects given, the donation, though not accepted in express terms, has full effect.
ART. 1529. If the donee be of full age, the acceptance may be made by him, or in his name by his attorney in fact having special power to accept the donation which is made, or a general power to accept the donations that have been or may be made.
ART. 1530.—The acceptance can only be made by the donee personally, or by his attorney in fact during his life. If he refuse or neglect to accept, his creditors cannot accept it in his stead, under the pretext that the refusal has been in fraud of their rights.
ART. 1531.-If the donee die before having accepted, the acceptance cannot be made by his heirs, and the donation remains without effect.
ART. 1532.-Amarried woman cannot accept a donation without the consent of her husband, and in case of the husband's refusal, without being authorized by the judge, comformably to what is prescribed in the litle of husband and wife.
ART. 1533.-A donation, made to a minor under the age of puberty, must be accepted by his tutor.
A minor, arrived at the age of puberty, but not emancipated, must accept it under the authorization or with the concurrence of his curator.
Nevertheless the parents of a minor, whether he be arrived at the age of puberly or not, whether he be or be not emancipated, and the other legitimate descendants, even in the lifetime of the parents, though they be neither tutors nor curators to the minor, may accept for him.
ART. 1534.-If a donee, being of full age, be under interdiction, the acceptance is made for him by his curator.
ART. 1535.-A person deaf and dumb, knowing how to write, may accept for himself or by an attorney in fact.
If he cannot write, the acceptance shall be made by a curator appointed by the judge for that purpose.
ART. 1536.-Donations made for the benefit of an hospital, of the poor of a community, or of establishments of public utility, shall be accepted by the administrators of such communities or establishments.
Art. 1537.-A donation, duly accepted, is perfect by the mere consent of the puties; and the property of the objecls given is transferred to the donee, without the necessity of any other delivery.
ART. 1538.—The property given passes to the donee with all its charges, even those which the donor has imposed between the time of the donation and that of the acceptance.
ART. 1539.—The universal donee is bound to pay the debts of the donor, which existed at the time of the donation, but he can discharge himself therefrom by aban'doning the property given.
ART. 1540.--If the whole of the effects of the donor have been given to several donees, each for a certain proportion, each of them is bound for the debts for the portion of which he is the donee.
ART. 1541.-When the donation comprehends property that may legally be mortgaged, the act of donation, as well as the act of acceptance, whether the acceptance be made by the same or a separate act, must be registered, within the time prescribed for the registry of mortgages, in a separate book kept for that purpose by the register of mortgages, which book shall be open to the inspection of all parties requiring it.
ART. 1542.-This registry shall be made at the instance of the husband, when the property has been given to his wife ; and if the husband does not comply with this formality, the wife may cause it to be complied with, without requiring authorization for that purpose.
ART. 1543.When the donation is made to minors, to persons under interdiction, or to public establishments, the registry shall be made at the instance of the tutors, curators or administrators.
ART. 1544. - The want of registry may be pleaded by all persons concerned, except the donor', those per