CHAPTER 2. OF THE CAPACITY NECESSARY FOR DISPOSING AND RECEIVING BY DONATION INTER VIVOS OR MORTIS CAUSA Art. 1470. Persons capable of giving or receiving All persons have capacity to make and receive donations inter vivos and mortis causa, except as expressly provided by law. Acts 1991, No. 363, §1.
Art. 1471. Capacity to give, time for existence Capacity to donate inter vivos must exist at the time the donor makes the donation. Capacity to donate mortis causa must exist at the time the testator executes the testament. Acts 1991, No. 363, §1.
Art. 1472. Capacity to receive, time for existence Capacity to receive a donation inter vivos must exist at the time the donee accepts the donation. Capacity to receive a donation mortis causa must exist at the time of death of the testator. Acts 1991, No. 363, §1.
Art. 1473. Capacity to receive conditional donation, time for existence When a donation depends on fulfillment of a suspensive condition, the donee must have capacity to receive at the time the condition is fulfilled. Acts 1991, No. 363, §1.
Art. 1474. Unborn children, capacity to receive To be capable of receiving by donation inter vivos, an unborn child must be in utero at the time the donation is made. To be capable of receiving by donation mortis causa, an unborn child must be in utero at the time of the death of the testator. […]
Art. 1475. Nullity of donation to person incapable of receiving A donation in favor of a person who is incapable of receiving is null. Acts 1991, No. 363, §1.
Art. 1476. Minors; incapacity to make donations, exceptions A minor under the age of sixteen years does not have capacity to make a donation either inter vivos or mortis causa, except in favor of his spouse or children. A minor who has attained the age of sixteen years has capacity to make a donation, but […]
Art. 1477. Capacity to donate, mental condition of donor To have capacity to make a donation inter vivos or mortis causa, a person must also be able to comprehend generally the nature and consequences of the disposition that he is making. Acts 1991, No. 363, §1.
Art. 1478. Nullity of donation procured by fraud or duress A donation inter vivos or mortis causa shall be declared null upon proof that it is the product of fraud or duress. Acts 1991, No. 363, §1.
Art. 1479. Nullity of donation procured through undue influence A donation inter vivos or mortis causa shall be declared null upon proof that it is the product of influence by the donee or another person that so impaired the volition of the donor as to substitute the volition of the donee or other person for […]
Art. 1480. Nullity due to fraud, duress, or undue influence; severability of valid provision When a donation inter vivos or mortis causa is declared null because of undue influence or because of fraud or duress, it is not necessary that the entire act of donation or testament be nullified. If any provision contained in it […]
Art. 1481. Fiduciary appointment, termination Any person who, whether alone or with others, commits fraud or exercises duress or unduly influences a donor within the meaning of the preceding Articles, or whose appointment is procured by such means, shall not be permitted to serve or continue to serve as an executor, trustee, attorney or other […]
Art. 1482. Proof of incapacity to donate A. A person who challenges the capacity of a donor must prove by clear and convincing evidence that the donor lacked capacity at the time the donor made the donation inter vivos or executed the testament. B. A full interdict lacks capacity to make or revoke a donation […]
Art. 1483. Proof of fraud, duress, or undue influence A person who challenges a donation because of fraud, duress, or undue influence, must prove it by clear and convincing evidence. However, if, at the time the donation was made or the testament executed, a relationship of confidence existed between the donor and the wrongdoer and […]
Art. 1484. Interpretation of revocation or modification The rules contained in the foregoing articles also apply to the revocation of a legacy or testament, to the modification of a testamentary provision, and to any other modification of succession rights. Acts 2001, No. 560, §1, eff. June 22, 2001.
Art. 1485. Repealed by Acts 1990, No. 147, §3, eff. July 1, 1990.
Art. 1486. Arts. 1486, 1487 Repealed by Acts 1979, No. 607, §4
Art. 1488. Repealed by Acts 1978, No. 362, §1.
Art. 1489. Arts. 1489 to 1491 [Blank]
Art. 1492. Repealed by Acts 1990, No. 147, §3, eff. July 1, 1990.
