Louisiana Notary

A Civil Law Tradition

Civil Law Basics

Donations – Irrevocability

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Donations – Irrevocability

Art. 1522. Separate donations of usufruct and naked ownership. A disposition inter vivos or mortis causa by which the usufruct is given to one person and the naked ownership to another is not a prohibited substitution.

Former art. 1533 (prior to 1974): The donor is permitted to dispose, for the advantage of any other person, of the enjoyment or usufruct of the immovable property given, but cannot reserve it for himself.

Former art. 1533 (1974): A donor may reserve for himself, or dispose for the advantage of any other person, the enjoyment. or usufruct of the immovable property donated.

Donations – Definitions: Donations inter vivos and mortis causa

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Donations – Definitions: Donations inter vivos and mortis causa

Art. 1468. Donation inter vivos, definition. A donation inter vivas is a contract by which a person, called the donor, gratuitously divests himself, at present and irrevocably, of the thing given in favor of another, called the donee, who accepts it.

Art. 1469. Donation mortis causa, definition. A donation mortis causa is an act to take effect at the death of the donor by which he disposes of the whole or a part of his property. A donation mortis causa is revocable during the lifetime of the donor.