Louisiana Civil Code

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SECTION 2 - OF THE FORM OF DONATIONS INTER VIVOS

Art. 1541. A donation inter vivos shall be made by authentic act under the penalty of absolute nullity, unless otherwise expressly permitted by law. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

Art. 1542. The act of donation shall identify the donor and the donee and describe the thing donated. These requirements are satisfied if the identities and description are contained in the act of donation or are reasonably ascertainable from information contained in it, as clarified by extrinsic evidence, if necessary. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

Art. 1543. The donation inter vivos of a corporeal movable may also be made by delivery of the thing to the donee without any other formality. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

Art. 1544. A donation inter vivos is without effect until it is accepted by the donee. The acceptance shall be made during the lifetime of the donor.

The acceptance of a donation may be made in the act of donation or subsequently in writing.

When the donee is put into corporeal possession of a movable by the donor, possession by the donee also constitutes acceptance of the donation. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

Art. 1545. The donee may accept a donation personally or by a mandatary having power to accept a donation for him. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

Art. 1546. The acceptance shall be made during the lifetime of the donee. If the donee dies without having accepted the donation, his successors may not accept for him. [Amended by Acts 1966, No. 44, §1; Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

Art. 1547. If the donee refuses or neglects to accept the donation, his creditors may not accept for him. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

Art. 1548. A donation made to an unemancipated minor may be accepted by a parent or other ascendant of the minor or by his tutor, even if the person who accepts is also the donor. [Acts 1988, No. 546, §1; Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

Art. 1549. The donee acquires the thing donated subject to all of its charges, even those that the donor has imposed between the time of the donation and the time of the acceptance. [Acts 1988, No. 546, §1; Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

Art. 1550. The donation or the acceptance of a donation of an incorporeal movable of the kind that is evidenced by a certificate, document, instrument, or other writing, and that is transferable by endorsement or delivery, may be made by authentic act or by compliance with the requirements otherwise applicable to the transfer of that particular kind of incorporeal movable.

In addition, an incorporeal movable that is investment property, as that term is defined in Chapter 9 of the Louisiana Commercial Laws, may also be donated by a writing signed by the donor that evidences donative intent and directs the transfer of the property to the donee or his account or for his benefit. Completion of the transfer to the donee or his account or for his benefit shall constitute acceptance of the donation. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

Art. 1551. A donation is effective upon acceptance. When the donation is effective, the ownership or other real right in the thing given is transferred to the donee. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

Arts. 1552-1555. [Blank]

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