Louisiana Civil Code

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TITLE II - DONATIONS

 

CHAPTER 1 - GENERAL DISPOSITIONS

Art. 1467. Property can neither be acquired nor disposed of gratuitously except by donations inter vivos or mortis causa, made in one of the forms hereafter established. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

Art. 1468. A donation inter vivos is a contract by which a person, called the donor, gratuitously divests himself, at present and irrevocably, of the thing given in favor of another, called the donee, who accepts it. [Amended by Acts 1871, No. 87; Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

Art. 1469. A donation mortis causa is an act to take effect at the death of the donor by which he disposes of the whole or a part of his property. A donation mortis causa is revocable during the lifetime of the donor. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

 

CHAPTER 2 - OF THE CAPACITY NECESSARY FOR DISPOSING AND RECEIVING BY DONATION INTER VIVOS OR MORTIS CAUSA

Art. 1470. All persons have capacity to make and receive donations inter vivos and mortis causa, except as expressly provided by law. [Acts 1991, No. 363, §1]

Art. 1471. Capacity to donate inter vivos must exist at the time the donor makes the donation. Capacity to donate mortis causa must exist at the time the testator executes the testament. [Acts 1991, No. 363, §1]

Art. 1472. 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. [Acts 1991, No. 363, §1]

Art. 1473. When a donation depends on fulfillment of a suspensive condition, the donee must have capacity to receive at the time the condition is fulfilled. [Acts 1991, No. 363, §1]

Art. 1474. 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. [Acts 1991, No. 363, §1]

Art. 1475. A donation in favor of a person who is incapable of receiving is null. [Acts 1991, No. 363, §1]

Art. 1476. A minor under the age of sixteen years does not have capacity to make a donation either inter vivos or mortis causa, except in favor of his spouse or children.
A minor who has attained the age of sixteen years has capacity to make a donation, but only mortis causa. He may make a donation inter vivos in favor of his spouse or children. [Acts 1991, No. 363, §1]

Art. 1477. To have capacity to make a donation inter vivos or mortis causa, a person must also be able to comprehend generally the nature and consequences of the disposition that he is making. [Acts 1991, No. 363, §1]

Art. 1478. A donation inter vivos or mortis causa shall be declared null upon proof that it is the product of fraud or duress. [Acts 1991, No. 363, §1]

Art. 1479. A donation inter vivos or mortis causa shall be declared null upon proof that it is the product of influence by the donee or another person that so impaired the volition of the donor as to substitute the volition of the donee or other person for the volition of the donor. [Acts 1991, No. 363, §1]

Art. 1480. When a donation inter vivos or mortis causa is declared null because of undue influence or because of fraud or duress, it is not necessary that the entire act of donation or testament be nullified.
If any provision contained in it is not the product of such means, that provision shall be given effect, unless it is otherwise invalid. [Acts 1991, No. 363, §1]

Art. 1481. Any person who, whether alone or with others, commits fraud or exercises duress or unduly influences a donor within the meaning of the preceding Articles, or whose appointment is procured by such means, shall not be permitted to serve or continue to serve as an executor, trustee, attorney or other fiduciary pursuant to a designation as such in the act of donation or the testament or any amendments or codicils thereto. [Acts 1991, No. 363, §1]

Art. 1482. A. A person who challenges the capacity of a donor must prove by clear and convincing evidence that the donor lacked capacity at the time the donor made the donation inter vivos or executed the testament.
B. A full interdict lacks capacity to make or revoke a donation inter vivos or disposition mortis causa.
C. A limited interdict, with respect to property under the authority of the curator, lacks capacity to make or revoke a donation inter vivos and is presumed to lack capacity to make or revoke a disposition mortis causa. With respect to his other property, the limited interdict is presumed to have capacity to make or revoke a donation inter vivos or disposition mortis causa. These presumptions may be rebutted by a preponderance of the evidence. [Acts 1991, No. 363, §1; Acts 2000, 1st Ex. Sess., No. 25, §2, eff. July 1, 2001; Acts 2001, No. 509, §2, eff. June 1, 2001; Acts 2003, No. 1008, §1]

Art. 1483. A person who challenges a donation because of fraud, duress, or undue influence, must prove it by clear and convincing evidence. However, if, at the time the donation was made or the testament executed, a relationship of confidence existed between the donor and the wrongdoer and the wrongdoer was not then related to the donor by affinity, consanguinity or adoption, the person who challenges the donation need only prove the fraud, duress, or undue influence by a preponderance of the evidence. [Acts 1991, No. 363, §1]

Art. 1484. The rules contained in the foregoing articles also apply to the revocation of a legacy or testament, to the modification of a testamentary provision, and to any other modification of succession rights. [Acts 2001, No. 560, §1, eff. June 22, 2001]

Art. 1485. [Repealed. Acts 1990, No. 147, §3, eff. July 1, 1990]

Arts. 1486-1487. [Repealed. Acts 1979, No. 607, §4]

Art. 1488. [Repealed. Acts 1978, No. 362, §1]

Arts. 1489-1491. [Blank]

Art. 1492. [Repealed. Acts 1990, No. 147, §3, eff. July 1, 1990]