Donations Inter Vivos Flashcards
What is donation interivos?
A contract that takes effect during the lifetime of donor
Is it revocable?
No. DIV are irrevocable
How would you classify a DIV?
As unilateral and gratuitous
Is the thing donated at present?
Yes, cannot donate a future thing.
What kind of donation can be revoked.
Donation mortis causa.
Can Donations have conditions?
Yes
What are the capacity requirements for a donor?
Capacity must exist at time of donation.
Incapacity -> relative nullity.
Unemancipated donors are incapable of making donations (except in favor of spouse or kids)
Donor must be able to generally comprehend the nature and consequences of his donation
Can interdicts donate?
Full no, person challenging must present clear and convincing evidence.
Limited are presumed to have capacity, presumption may be rebutted by preponderance of evidence. Except of things included in interdiction order, that needs clear and convincing evidence.
What capacity requirements for a donee?
Must exist, be conceived.
Is there a presumption of capacity?
Yes.
What is the penalty for incapacity?
relative nullity,
Who can raise incapacity?
Only the donor
How long does a donor have to raise incapacity?
5 years from when nullity ceased, or incapacity was discovered.
Is a donors offer revocable?
Yes, can be irrevocable too
What must the offer include?
identity of donor and donee and describe the thing donated
when does an offer lapse?
If donor or donee die prior to acceptance
What must a donee acceptance include?
The mirror image rule.
Can anyone accept on donee’s behalf?
yes representatives, successors or creditors may not without authorization from donee
When is the donation effective?
Upon consent, or upon delivery if movable.
What is the penalty for any errors in a DIV?
Absolute nullity?
Are there any exceptions to that rule?
Yes 1845. A DIV that was made with lack of form may be confirmed. A universal successor of donor may expressly or tacitly confirm said donation
What is the valid form for donor’s offer?
Authentic act
What is the valid form for donee’s offer
Authentic act or under private signature.
What about the “manual gift” exception?
Delivery of a corporeal movable is a valid form.
Can a cause for DIV be onerous?
yes. cause must be donative, can be purely gratuitous(liberality), onerous (donation with a charge), or remunerative (compensate for services rendered)
Remind me, what is an onerous cause again?
When a party obligates herself to obtain an advantage from another party. Must not be “out of all proportion” with value, otherwise its donation in disguise
What are the rules for an onerous donation?
Donor donates thing that has a value of less than 2/3 of the value of the thing donated
What are the rules for a remunerative donation?
Donor donates thing to recompense donee for services rendered, if the value of services is less than 2/3s of thing donated.
May donation contain modalities?
Yes.
When is a donation enforceable?
Default: immediately. Can agree to suspensive term.
What about conditions for donations? What is default rule?
Default rule is DIV in unconditional. However can have suspensive or resolutory conditions.
Can conditions be impossible or illicit?
NO. Thompson exception. Or restrictions on right to marry or divorce.
Can a condition say that Donor will pay unspecified future debts?
Noooo. Absolute nullity.
What’s an example of a suspensive condition?
I promise to buy you a bike if you get strait As
What’s an example of a resolutory condition?
Parents give kid a bike, but if you dont get A’s then parents take bike back
What must the object of a DIV be?
Lawful, possible, determined or determinable to its kind.
What is the penalty for the requirements of the object in DIV not being met?
Absolute nullity
Are there any special rules for DIV?
Yes. Donor cannot donate future property
Donor cannot donate her entire patrimony
Any special rules on law of successions and donations?
Donor cannot make excessive donations that impinge on forced portion. Subject to collation
How old for forced heirs?
Under 24, or interdicted
Can you prove a DIV with parole evidence?
No, its inadmissable. Except of manual gifts, or interpretation of ambiguities in the contract
Is a donation subject to encumbrances
Yes
Is a donor liable to perform?
Yes, donee can sue for specific performance
Can donation be revoked for ingratitude?
Yes, if donee has attempted murder, cruel treatment, crimes.
When do the grounds for ingratitude cease?
If donee proves subsequent reconciliation with donor.
What is the prescriptive period for ingratitude?
1 year from the time donor knew or should have known of it
Can donors successors continue a suit of ingratitude?
Yes. if claim has not prescribed.
What are the effects of revocation?
Doneee must return the thing in the same condition. If not Donor must agree to diminution in value
What if donee cannot return the thing in the same condition?
Then he must restore the value the thing had at the time of the donation to Donor
What about fruits and products of the thing.
Donee must restore them to Donor.
What about the effect of revocation on third parties?
Encumbrances leases alienations PRIOR too revocation are NOT affected. AFTER filing movables in GF not affected, immovables need Lis Pendons
What are the causes for dissolution of a DIV?
if a suspensive condition is not fulfilled
Occurrence of resolutory condition
nonfulfillment of a condition
What is prescriptive period for action to dissolve
5 years
