Louisiana Civil Code

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CHAPTER 4 - OF DISPOSITIONS REPROBATED BY LAW IN DONATIONS INTER VIVOS AND MORTIS CAUSA

Art. 1519. In all dispositions inter vivos and mortis causa impossible conditions, those which are contrary to the laws or to morals, are reputed not written.

Art. 1520. A disposition that is not in trust by which a thing is donated in full ownership to a first donee, called the institute, with a charge to preserve the thing and deliver it to a second donee, called the substitute, at the death of the institute, is null with regard to both the institute and the substitute. [Amended by Acts 1962, No. 45, §1; Acts 2001, No. 825, §1]

Art. 1521. The disposition by which a third person is called to take a gift or legacy in case the donee or legatee does not take it is not a prohibited substitution. A testator may impose as a valid suspensive condition that the legatee or a trust beneficiary must survive the testator for a stipulated period, which period shall not exceed six months after the testator's death, in default of which a third person is called to take the legacy. In such a case, the right of the legatee or trust beneficiary is in suspense until the survivorship as required is determined. If the legatee or trust beneficiary survives as required, he is considered as having succeeded to the deceased from the moment of his death. If he does not survive as required, he is considered as never having received it, and the third person who is called to take the bequest in default of his survival is considered as having succeeded to the deceased from the moment of his death. A survivorship condition as to the legitime of a forced heir shall only be valid if the forced heir dies without descendants, or if he dies with descendants and neither the forced heir nor the descendants survive the stipulated time. [Amended by Acts 1972, No. 628, §1; Acts 1984, No. 957, §1; Acts 1985, No. 583, §1; Acts 1987, No. 680, §1; Acts 2001, No. 825, §1]

Art. 1522. The same shall be observed as to the disposition inter vivos or mortis causa, by which the usufruct is given to one, and the naked ownership to another.

 

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]

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