Conveyance and Mortgage of Immovables – Form required

Conveyance and Mortgage of Immovables – Form required

Art. 1541. Form required for donations. A donation inter vivos shall be made by authentic act under the penalty of absolute nullity, unless otherwise expressly permitted by law.

Art. 1542. Identification of donor, donee, and the thing donated required The act of donation shall identify the donor and the donee and describe the thing donated. These requirements are satisfied if the identities and description are contained in the act of donation or are reasonably ascertainable from information contained in it, as clarified by extrinsic evidence if necessary.

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. 1546. Acceptance during lifetime of donee. The acceptance shall be made during the lifetime of the donee. If the donee dies without having accepted the donation, his successors may not accept for him.