Louisiana Civil Code

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SECTION 3 - EXCEPTIONS TO THE RULE OF THE IRREVOCABILITY OF DONATIONS INTER VIVOS

Art. 1556. A donation inter vivos may be revoked because of ingratitude of the donee or dissolved for the nonfulfillment of a suspensive condition or the occurrence of a resolutory condition. A donation may also be dissolved for the nonperformance of other conditions or charges. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

Art. 1557. Revocation on account of ingratitude may take place only in the following cases:

(1) If the donee has attempted to take the life of the donor; or

(2) If he has been guilty towards him of cruel treatment, crimes, or grievous injuries. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

Art. 1558. An action of revocation for ingratitude shall be brought within one year from the day the donor knew or should have known of the act of ingratitude.

If the donor dies before the expiration of that time, the action for revocation may be brought by the successors of the donor, but only within the time remaining, or if the donor died without knowing or having reason to know of the act, then within one year of the death of the donor.

If the action has already been brought by the donor, his successors may pursue it.

If the donee is deceased, the action for revocation may be brought against his successors. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

Art. 1559. Revocation for ingratitude does not affect an alienation, lease, or encumbrance made by the donee prior to the filing of the action to revoke. When an alienation, lease, or encumbrance is made after the filing of the action and the thing given is movable, the alienation, lease, or encumbrance is effective against the donor only when it is an onerous transaction made in good faith by the transferee, lessee, or creditor. When an alienation, lease, or encumbrance is made after the filing of the action and the thing given is immovable, the effect of the action to revoke is governed by the law of registry. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

Art. 1560. In case of revocation for ingratitude, the donee shall return the thing given. If he is not able to return the thing itself, then the donee shall restore the value of the thing donated, measured as of the time the action to revoke is filed. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

Art. 1561. [Reserved]

Art. 1562. If a donation is subject to a suspensive condition, the donation is dissolved of right when the condition can no longer be fulfilled.

If a donation is subject to a resolutory condition, the occurrence of the condition does not of right operate a dissolution of the donation. It may be dissolved only by consent of the parties or by judicial decree. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

Art. 1563. If a donation is made on a condition that the donee has the power to perform or prevent, or depends on the performance of a charge by the donee, the nonfulfillment of the condition or the nonperformance of the charge does not, of right, operate a dissolution of the donation. It may be dissolved only by consent of the parties or by judicial decree. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

Art. 1564. An action to dissolve a donation for failure to fulfill the conditions or perform the charges imposed on the donee prescribes in five years, commencing the day the donee fails to perform the charges or fulfill his obligation or ceases to do so. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

Art. 1565. In case of dissolution of a donation of an immovable for the failure of the donee to fulfill conditions or perform charges, the property shall return to the donor free from all alienations, leases, or encumbrances created by the donee or his successors, subject to the law of registry. If the thing cannot be returned free from alienations, leases, or encumbrances, the donor may, nevertheless, accept it subject to the alienation, lease, or encumbrance, but the donee shall be accountable for any diminution in value. Otherwise, the donee shall restore the value of the thing donated, measured as of the time the action to dissolve is filed.

In case of dissolution of a donation of a movable for failure to fulfill conditions or perform charges, an alienation, lease, or encumbrance created by the donee or his successors is effective against the donor only when it is an onerous transaction made in good faith by the transferee, lessee, or creditor. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

Art. 1566. When a donation is revoked or dissolved, the donee or his successor is bound to restore or to pay the value of the fruits and products of the things given from the date of written demand.

If the donation is dissolved for nonperformance of a condition or a charge that the donee had the power to perform, the court may order the donee or his successor to restore the value of the fruits and products received after his failure to perform if the failure to perform is due to his fault. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

Art. 1567. When a donee or his successor is obligated to return a thing and he cannot restore it in essentially the same condition as it was at the time of the donation, the donor may elect to receive the thing in its present condition and require its return. In that event, the donee shall be accountable for any diminution in value at the time of the delivery. [Acts 2008, No. 204, §1, eff. Jan. 1, 2009]

Arts. 1568-1569. [Blank]