Title First: Nature and Formation of Gifts

Article 504

Art. 504 - A donation is the disposition inter vivos by which a person transfers all or part of his property to another without corresponding consideration.

Article 505

Art. 505 - Donations that are to take effect upon the death of the donor are of the nature of acts of last will and are governed by the rules of personal status relating to successions.

Article 506

Art. 506 - Donations that are to take effect between living persons are governed by the rules relating to contracts and obligations, unless otherwise provided for in this Book.

Article 507

Art. 507 - The gift is perfected and the ownership of the movable or immovable property given is acquired at the moment when the donor is aware of the acceptance by the donee, subject to the application of the provisions hereinafter.

Article 508

Art. 508 - Until such acceptance, the donor may withdraw his offer.

Article 509

Art. 509 - The manual gift takes place through the delivery that the donor makes of the thing to the donee.

Article 510

Art. 510 - The donation of real estate or real rights in immovable property is only perfected by its registration in the land registry.

Article 511

Art. 511 - The promise to give is only valid if it has been made in writing. The promise to give an immovable property or a real right is only valid if it has been registered in the land registry.

Article 512

Art. 512 - Gifts may not exceed the limits of the disposable quota of the donor.

Article 513

Art. 513 - A donation may in no case relate to the donor's future assets, i.e., the assets that the donor cannot dispose of at the time of the donation.

Article 514

Art. 514 - The donor may give the bare ownership to one person, and the usufruct to one or several others. He may reserve the usufruct to himself.

Article 515

Art. 515 - All those who can contract and dispose of their property may make a donation. \tAn administrator does not have the power to dispose of the property he administers gratuitously.

Article 516

Art. 516 - Anyone who has not been specifically declared incapable by law may accept a donation. The following are subject to relative incapacity to receive: 1 - The guardian with respect to their ward. 2 - The physician, during the duration of their patient's mortal illness, provided they are not a relative of the patient.

Article 517

Art. 517 - Persons who are incapable of contracting, may not accept a donation subject to conditions or with charges, without the authorization of their legal representatives.

Article 518

Art. 518 - Donations made to conceived children may be accepted by the persons who represent them.

Article 519

Art. 519 - Donations made to persons declared by law to be incapable of receiving them are null and void, even if they were made under the appearance of another contract or through an intermediary.

Article 520

Art. 520 - The donee must, under penalty of nullity, accept the donation by himself or through the intermediary of a person vested with special powers or sufficient general powers (father, mother, guardian).

Article 521

Art. 521 - Unless otherwise stipulated, a donation made to several persons jointly is deemed to be made in equal shares.

Article 522

Art. 522 - The donee is subrogated in all rights and actions belonging to the donor in the event of eviction. However, the donor, unless otherwise stipulated, is not liable for the warranty of the donated property, unless the donation is made with a charge: in this case, the donor shall be liable for eviction up to the amount of the value of the charges.

Article 523

Art. 523 - When a donation has been made with the charge of paying the debts of the donor, the debts contracted before the donation shall alone, save stipulation to the contrary, fall within this charge.