7. Capacity to give and receive

Question 1

Which of the following properly describes the standard for capacity to receive a donation?
Question 1Answer

a. All persons have capacity to receive donations except minors, interdicts, and persons deprived of reason.

b. All natural and juridical persons have capacity to receive donations.

c. To have the capacity to receive a donation, a person must be able to understand generally the nature and consequences of the disposition he is receiving.

d. All natural persons have capacity to receive donations, but juridical persons do not.

Answer 1

b. All natural and juridical persons have capacity to receive donations.

Question 2

Raj, a 16-year old unemancipated minor, is in a committed relationship with his partner Aisha. They recently welcomed a daughter named Leila. Filled with love and a desire to secure Leila’s future, Raj decides to donate a valuable piece of real estate he inherited from his grandparents to Leila. He executed a donation inter vivos of the property, valid in form, in her favor. In addition, Raj gifts a cherished family heirloom, a vintage pocket watch with sentimental value, to his partner, Aisha, through another donation inter vivos, valid in form. Finally, driven by his love for Leila and his commitment to Aisha, Raj executes an olographic testament, valid in form, in which he provides for the distribution of his estate to Aisha and Leila, in equal shares, upon his death. Which of the following statements about this scenario is correct?

Question 2Answer

a. The donation to Leila, the donation to Aisha, and the olographic testament are all enforceable, as Raj had full capacity to make these donations.

b. While the olographic testament and the donation to Leila are enforceable, Raj lacked the capacity to make the donation to Aisha and, as a result, it is relatively null.

c. While the olographic testament is enforceable, Raj lacked the capacity to make the donation to Aisha and the donation to Leila and, as a result, they are relatively null.

d. The donation to Leila, the donation to Aisha, and the olographic testament are all relatively null because Raj lacked the capacity to make these donations.

Answer 2

b. While the olographic testament and the donation to Leila are enforceable, Raj lacked the capacity to make the donation to Aisha and, as a result, it is relatively null.

Question 3

Which of the following statements accurately describes the standard for the capacity to make a donation?

Question 3Answer

a. The donor must be capable of contracting at the time of the donation.

b. The donor must be capable of comprehending the legal consequences of the disposition he is making.

c. The donor must be capable of discernment.

d. The donor must be able to comprehend generally the nature and consequences of the disposition he is making.

Answer 3

d. The donor must be able to comprehend generally the nature and consequences of the disposition he is making.

Question 4

Nothing for ass. 13 and 14

Answer 4

nothing

Question 5

Can’t review GQ 3