Donations Inter Vivos

Question 1

What is donation interivos?

Answer 1

A contract that takes effect during the lifetime of donor

Question 2

Is it revocable?

Answer 2

No. DIV are irrevocable

Question 3

How would you classify a DIV?

Answer 3

As unilateral and gratuitous

Question 4

Is the thing donated at present?

Answer 4

Yes, cannot donate a future thing.

Question 5

What kind of donation can be revoked.

Answer 5

Donation mortis causa.

Question 6

Can Donations have conditions?

Answer 6

Yes

Question 7

What are the capacity requirements for a donor?

Answer 7

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

Question 8

Can interdicts donate?

Answer 8

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.

Question 9

What capacity requirements for a donee?

Answer 9

Must exist, be conceived.

Question 10

Is there a presumption of capacity?

Answer 10

Yes.

Question 11

What is the penalty for incapacity?

Answer 11

relative nullity,

Question 12

Who can raise incapacity?

Answer 12

Only the donor

Question 13

How long does a donor have to raise incapacity?

Answer 13

5 years from when nullity ceased, or incapacity was discovered.

Question 14

Is a donors offer revocable?

Answer 14

Yes, can be irrevocable too

Question 15

What must the offer include?

Answer 15

identity of donor and donee and describe the thing donated

Question 16

when does an offer lapse?

Answer 16

If donor or donee die prior to acceptance

Question 17

What must a donee acceptance include?

Answer 17

The mirror image rule.

Question 18

Can anyone accept on donee’s behalf?

Answer 18

yes representatives, successors or creditors may not without authorization from donee

Question 19

When is the donation effective?

Answer 19

Upon consent, or upon delivery if movable.

Question 20

What is the penalty for any errors in a DIV?

Answer 20

Absolute nullity?

Question 21

Are there any exceptions to that rule?

Answer 21

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

Question 22

What is the valid form for donor’s offer?

Answer 22

Authentic act

Question 23

What is the valid form for donee’s offer

Answer 23

Authentic act or under private signature.

Question 24

What about the “manual gift” exception?

Answer 24

Delivery of a corporeal movable is a valid form.

Question 25

Can a cause for DIV be onerous?

Answer 25

yes. cause must be donative, can be purely gratuitous(liberality), onerous (donation with a charge), or remunerative (compensate for services rendered)

Question 26

Remind me, what is an onerous cause again?

Answer 26

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

Question 27

What are the rules for an onerous donation?

Answer 27

Donor donates thing that has a value of less than 2/3 of the value of the thing donated

Question 28

What are the rules for a remunerative donation?

Answer 28

Donor donates thing to recompense donee for services rendered, if the value of services is less than 2/3s of thing donated.

Question 29

May donation contain modalities?

Answer 29

Yes.

Question 30

When is a donation enforceable?

Answer 30

Default: immediately. Can agree to suspensive term.

Question 31

What about conditions for donations? What is default rule?

Answer 31

Default rule is DIV in unconditional. However can have suspensive or resolutory conditions.

Question 32

Can conditions be impossible or illicit?

Answer 32

NO. Thompson exception. Or restrictions on right to marry or divorce.

Question 33

Can a condition say that Donor will pay unspecified future debts?

Answer 33

Noooo. Absolute nullity.

Question 34

What's an example of a suspensive condition?

Answer 34

I promise to buy you a bike if you get strait As

Question 35

What's an example of a resolutory condition?

Answer 35

Parents give kid a bike, but if you dont get A's then parents take bike back

Question 36

What must the object of a DIV be?

Answer 36

Lawful, possible, determined or determinable to its kind.

Question 37

What is the penalty for the requirements of the object in DIV not being met?

Answer 37

Absolute nullity

Question 38

Are there any special rules for DIV?

Answer 38

Yes. Donor cannot donate future property Donor cannot donate her entire patrimony

Question 39

Any special rules on law of successions and donations?

Answer 39

Donor cannot make excessive donations that impinge on forced portion. Subject to collation

Question 40

How old for forced heirs?

Answer 40

Under 24, or interdicted

Question 41

Can you prove a DIV with parole evidence?

Answer 41

No, its inadmissable. Except of manual gifts, or interpretation of ambiguities in the contract

Question 42

Is a donation subject to encumbrances

Answer 42

Yes

Question 43

Is a donor liable to perform?

Answer 43

Yes, donee can sue for specific performance

Question 44

Can donation be revoked for ingratitude?

Answer 44

Yes, if donee has attempted murder, cruel treatment, crimes.

Question 45

When do the grounds for ingratitude cease?

Answer 45

If donee proves subsequent reconciliation with donor.

Question 46

What is the prescriptive period for ingratitude?

Answer 46

1 year from the time donor knew or should have known of it

Question 47

Can donors successors continue a suit of ingratitude?

Answer 47

Yes. if claim has not prescribed.

Question 48

What are the effects of revocation?

Answer 48

Doneee must return the thing in the same condition. If not Donor must agree to diminution in value

Question 49

What if donee cannot return the thing in the same condition?

Answer 49

Then he must restore the value the thing had at the time of the donation to Donor

Question 50

What about fruits and products of the thing.

Answer 50

Donee must restore them to Donor.

Question 51

What about the effect of revocation on third parties?

Answer 51

Encumbrances leases alienations PRIOR too revocation are NOT affected. AFTER filing movables in GF not affected, immovables need Lis Pendons

Question 52

What are the causes for dissolution of a DIV?

Answer 52

if a suspensive condition is not fulfilled Occurrence of resolutory condition nonfulfillment of a condition

Question 53

What is prescriptive period for action to dissolve

Answer 53

5 years