Libro Quinto Título VI. Donación entre vivos

A donation inter vivos is a contract by which a person transfers to another the ownership of a thing, by gratuitous title.

An inter vivos donation may also be remuneratory and onerous, but in the latter case, only the excess in the price of the thing, after deducting encumbrances or charges, constitutes a donation.

The donee may accept at the time of the donation or in a separate act. If the donee accepts subsequently, for the contract to be perfected the acceptance must be notified to the donor in authentic form.

If the donor dies before the donee has accepted the donation, the latter may, nevertheless, accept it, and the donor's heirs are obligated to deliver the thing donated.

If the donee dies before accepting the donation, it shall be without effect, and his heirs may claim nothing from the donor.

The donee is subrogated to all the rights and actions that in case of eviction would correspond to the donor. The latter, however, is not obligated to provide warranty for the things donated, except if the donation were onerous or remuneratory, in which case the donor shall be liable for the eviction up to the amount of the charge.

The donation may be made through an agent; but the power of attorney must designate the person of the donee and specify the property constituting the object of the donation and the conditions to which it is subject.

The donation made to minors, incapacitated persons or absent persons shall be accepted by their legal representatives; but, when it involves conditional and onerous donations, judicial authorization must precede, as in the case of utility and necessity.

The donation of immovable property must be granted and accepted by public deed.

Every donation shall be valued; and if it comprises all or most of the property or the most productive ones, they shall be detailed in the instrument in which the contract is executed.

The donee shall be obligated to the donor's creditors and maintenance obligees and to a child born subsequently, only up to the value of the property donated at the time the donation was made, if the donor lacks means to satisfy such obligations; but he may exempt himself from liability by surrendering the donated property or the sufficient portion thereof to cover them.

In onerous donations, the donee shall be bound for the part that effectively constitutes the donation, in the terms of the preceding article, once the amount of the obligations imposed has been deducted.

The gratuitous donation, and the onerous donation in the part that constitutes the effective donation, may be revoked for cause of ingratitude of the donee. This power is personal to the donor and unwaivable, and is granted in the following cases:

1°.If the donee commits any crime against the person, honor or property of the donor, his spouse, common-law partner, his ascendants or descendants;

*2°. For accusing or reporting the donor of any crime, except where the crime was committed against the donee, his spouse, common-law partner, his ascendants or descendants; and

3°.For unduly refusing to provide support to the donor who lacks property, or if he forsakes or abandons him when he is in need of assistance.

Revocation of the donation for ingratitude may only be made against the donee; however, if it had been initiated during the donee's lifetime, it may be continued against the heirs.

When the donee voluntarily causes the death of the donor, the donation is invalidated by that very fact.

The revocation made by the donor on grounds of ingratitude shall produce no effect whatsoever if it is not notified to the donee or to his heirs within the sixty days following the date on which the public deed of revocation is executed.

The donee or his heirs may oppose the revocation made by the donor, contradicting the causes invoked by the latter, so that the merits thereof may be judicially decided.

The revocation that is not contested within the sixty days following the date on which it is notified to the donee or to his heirs is consummated.

Remuneratory donations, those made on the occasion of a marriage that has taken place, and gifts customarily given for social reasons or out of piety are not revocable.

The revocation of the donation affects a third party from the time the deed is presented to the Register, if immovable property is involved, and from the time it is made known to the third parties or the revocation is published, if another class of property is involved.

The power to revoke the donation on the ground of ingratitude lasts six months, counted from the time the donor became aware of the fact giving rise to it.

If the donation is onerous and the donee fails to fulfill the performance to which he obligated himself, or without just cause suspends or interrupts it, the donor may rescind the contract; however, if the donee's obligation consists of payment of a pension or debt and the donee has paid one-half or more, the donor or his heirs may not rescind the contract but may only reduce the effective donation with respect to such property as is necessary to complete the payment.

A donor whose fortune deteriorates may reduce the donation in the part necessary for his maintenance.

If there are several donations made to different persons, the reduction shall begin with the latest in date and shall continue with the immediately preceding one until reaching the oldest.

Where there are several donations granted on the same date, the reduction shall be made pro rata.

If return of the donated things is not possible, upon revocation, rescission or reduction of the donation, the donee shall be obligated to return the value they had at the time the donation was made, or the part of that value, as the case may be.

The fruits and products of the donated things belong to the donee until the day on which the donee is notified of the revocation, rescission or reduction.

The action to request the reduction or rescission of the donation lasts six months, counted from the day on which the ground for the reduction or rescission arose.