« 上一頁繼續 »
sons whose duty il was to cause the registry to be made, and their representatives.
ART. 1545. — Minors, persons under interdiction, or married women, are not entitled to relief for the want of acceptance or registry of donations; but they have in such case their recourse against their tutors, curators or husbands; and even in case of the insolvency of such tutors, curators or husbands, they shall not be entitled to relief by way of restitution.
of the Exception to the Rule of the Irrevocability
of Donations inter vivos. ART. 1546. Donations inter vivos are liable to be revoked or dissolved on account of the following causes:
1. 'The ingratitude of the donee;
2. The non-fulfilment of the eventual conditions, which suspend their consummation.
3. The non-performance of the conditions imposed on the donee;
4. The donor’s having children after the donation; 5. The legal or conventional return.
ART. 1547. – Revocation on account of ingratitude can take place only in the three following cases :
1. If the donee has altempted to take the life of the donor;
2. If he has been guilty towards him of cruel treatment, crimes or grievous injuries;
3. If he has refused him food, when in distress.
ART. 1548. An act of revocation for cause of ingratilude must be brought within one year from the day of the act of ingratitude, imputed by the donor to the donee, or from the day that the act was made known to the donor.
This revocation cannot be sued for by the donor against the heirs of the donee, nor by the heirs of the
donor against the donee; unless, in the latter case, the suit was brought by the donor, or he died within the year in which the act of ingratitude was committed.
ART. 1549. - Revocation for cause of ingratitude affects neither the alienation made by the donee nor the mortgages, nor the real incumbrances he may have laid on the thing given, provided such transactions were anterior to the bringing of the suit of revocation.
ART. 1550.- In case of revocation for cause of ingratitude, the donee shall be obliged to restore the value of the thing given, estimating such value according to its worth at the time of bringing the action, and the proceeds from the day that it is brought.
ART. 1551. — Donations in consideration of marriage are not revocable for cause of ingratilude, when there are children of that marriage.
When there are not, the revocation takes place with regard to the donee, but without impairing the rights resulting from the marriage in favour of the other party to the marriage.
ART. 1552.- When an eventual condition, which suspends the execution of a donation, can no longer be accomplished, as if the donation was to be executed on the arrival of a certain vessel, and the vessel is lost, the donation is dissolved of right.
ART. 1553.—But if the condition be potestative, that is, if the donee is obliged to perform or prevent them, their non-fulfilment does not, of right, operate a dissolution of the donation; it must be sued for and decreed judicially.
ART. 1554.-An action of revocation or rescision of a donation on accountofthe non-execution of the conditions imposed on the donee, is subject only 10 the usual scription, which runs only from the day that the donee ceased to fulfil his obligations.
ART, 1555. - In case of revocation or rescision on account of the non-execution of the conditions, the pro
perty shall return to the donor free from all incumbrances or mortgages created by the donee; and the donor shall have, against any other persons possessing the immoveable property given, all the rights that he would , have against the donee himself.
ART. 1556. — All donations inter vivos, made by persons having neither children nor descendants actually living at the time of the donation, of whatever value those donations may be, and on whatever account they may have been made, should they even be mutual, not excepting such as were made in favour of marriage by any but the ascendants of the married persons, or by the one of them to the other, shall be considered as revoked up to the disposable portion by the birth of children to the donor, even of a posthumous child, or by the legitimation of a natural child by a subsequent marriage, if the child be born since the donation.
ART. 1557.- That revocation takes place even though the child of the donor were conceived at the time of the donation.
Art. 1558.-The property comprised in a donation revoked shall return to the estate of the donor, free from all charges and mortgages, imposed upon it by the donee. It is not liable to the restitution of the dowry of his wife, or to any other matrimonial obligations whatever, even in default of other property; and this shall take place even though the donation be made in favour of the marriage of the donee, and inserted in the contract, and though the donor bound himself as security by the donation to the execution of the contract.
ART. 1559.–Donations, thus revoked, cannot be revived nor become again effectual, either by the death of the donor's child or by any confirmalive act; and if the donor desires to give the same property to the same donee, either before or after the death of the child, by
whose birth the donation has been revoked, he can do it only by a new disposition.
ART. 1560.--Every clause or agreement, by which the donor may have renounced the revocation of the donation on account of the birth of a child, shall be held null and of no effect.
ART. 1561.-The donee, his heirs or assigns cannot plead prescription in support of the donation revoked by the birth of a child, until after a possession of thirty years, to commence only after the day of the birth of the last of the donor's children, be the children even posthumous: and this prescription is liable to all legal interruptions.
ART. 1562.-In all cases, in which the donation is revoked or dissolved, the donee is not bound to restore the fruits by him gathered previous to the demand for revocation or rescision.
But in case of the non-fulfilment of conditions, which the donee is bound to fulfil, if it be proved to have proceeded from his fault, he may be condemned to restore the fruits by him received since his neglect to fulfil the conditions.
CHAPTER VI. Of Dispositions mortis causa (in prospect of death).
Of the Testament. ART. 1563.-No disposition mortis causa shall henceorth be made otherwise than by last will or testament. All other form is abrogated.
But the name given to the act of last will is of no importance, and dispositions may be made by testament under this title, or under that of institution of heir, of legacy, codicil, donation mortis causa, or under any other name indicating the last will, provided that the
act be clothed with the forms required for the validity of a testament, and the clauses it contains, or the manner in which it is made clearly establish that it is a disposition of last will.
Thus an act of last will, by which an individual disposes of his property or of part thereof, in any manner whatsoever, whether he has instituted an heir or only named legalees, whether he has or has not charged any one with the execution of his last will, is considered as a testament, if it be, in other respects, clothed with the formalities required by law.
ART. 1564.-A testament is the act of last will clothed with certain solemnities, by which the testator disposes of his property, either universally or by universal title, or by particular litle.
ART. 1565.-A testament cannot be made by the same act, by two or more persons, either for the benefit of a third
person, or under the title of a reciprocal or mutual disposition,
ART. 1566.-The custom of willing by testament, by the intervention of a commissary or attorney in fact is abolished.
Thus the institution of heir and all other testamentary dispositions committed to the choice of a third person, are null, even should that choice have been limited to a certain number of persons designated by the testator.
General Rules on the Form of Testaments. ART. 1567.-All testaments are divided into three principal classes, to wit:
1. Nuncupative or open testaments; 2. Mystic or sealed testaments; 3. Olographic testaments. ART. 1568.-Testaments, whether nuncupative or