A Civil Law Tradition
Art. 1567. Donee unable to return thing in same condition. 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.
Art. 1566. Revocation or dissolution, donee’s liability for fruits. 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.
Art. 1565. Dissolution for non-execution of condition. 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.
Art. 1562. Dissolution for non-fulfillment of suspensive condition or for occurrence of resolutory condition. 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.
Art. 1563. Non-fulfillment of conditions or nonperformance of charges that donee can perform or prevent. 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 non-fulfillment 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.
Art. 1557. Revocation for ingratitude. 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.
Art. 1560. Revocation for ingratitude, restoration. 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.
Art. 1556. Causes for revocation or dissolution. A donation inter vivos may be revoked because of ingratitude of the donee or dissolved for the non-fulfillment of a suspensive condition or the occurrence of a resolutory condition. A donation may also be dissolved for the non-performance of other conditions and charges.
Art. 2349. Donation of community property; occurrence of other spouse. The donation of community property, to a third person requires the concurrence of the spouses, but a·spouse acting alone may make a usual or customary gift of a value commensurate with the economic position of the spouses at the time of the donation.
Art. 2343. Donation by spouse of interest in community. The donation by a spouse to the other spouse of his undivided interest in a thing forming part of the community transforms that interest into separate property of the donee. Unless otherwise provided in the act of donation, an equal interest of the donee is also transformed into separate property and the natural and civil fruits of the thing, and minerals produced from or attributed to the property given as well as bonuses, delay rentals, royalties, and shut-in payments arising from mineral leases, form part of the donee’s separate property.
Art. 2343.1. Transfer of separate property to the community. The transfer by a spouse to the other spouse of a thing forming part of his separate property, with the stipulation that it shall be part of the community, transforms the thing into community property. As to both movables and immovables, a transfer by onerous title must be made in writing a d a transfer by gratuitous title must be made by authentic act.
Art. 1545. Acceptance in person or by mandatary. The donee may accept a donation personally or by a mandatary having power to accept a donation for him.
Art. 1544. Donation effective from’time of acceptance.A donation inter vivos is without effect until it is accepted by the donee. The acceptance shall be made during the lifetime of the donor. The acceptance of a donation may be made in the act of donation or subsequently in writing.When the donee is put into corporeal possession of a movable by the donor, possession by the donee also constitutes acceptance of the donation.
Art. 1551. Effects of acceptance. A donation is effective upon acceptance. When the donation is effective, the ownership or other real right in the thing given is transferred to the donee.
