If the encumbered person is a reserved heir of the disposing person, the charge may only be imposed on the available portion. The donee may, however, accept, in the deed of gift or subsequently in a deed drawn up under the conditions provided for in Article 930, that the charge encumbers all or part of his reserve. The legatee may, within a period of one year from the day on…
The author of a gradual donation may revoke it in respect of the second gratified person as long as the latter has not notified the donor of his acceptance in the manner required for donations. By way of derogation from article 932, a gradual gift may be accepted by the second recipient after the donor’s death.
When the second gratified predeceases the indebted person or renounces the benefit of the gradual liberality, the property or rights that were the subject of it depend on the estate of the indebted person, unless the deed expressly provides that his heirs may receive it or designates another second gratified person.
It may be provided in a gift that a person will be called upon to receive what remains of the gift or bequest made to a first donee on the death of the latter.
A residual gift does not oblige the first beneficiary to keep the property received. It obliges him to pass on the surviving property. Where the property, the subject of the residual liberality, has been alienated by the first gratified, the rights of the second beneficiary are carried over neither to the proceeds of such alienations nor to the new property acquired.
The first beneficiary may not dispose of the property given or bequeathed as a residual gift by will. The residual gift may prohibit the first beneficiary from disposing of the property by gift inter vivos. However, where he or she is a reserved heir, the first beneficiary retains the possibility of disposing inter vivos or mortis causa of the property that has been given in advance of the share of…
The first grantee is not required to account for its management to the disposing party or its heirs.
The provisions set out in articles 1049, 1051, 1052, 1055 and 1056 are applicable to residual gifts.
Any person may make, between his presumptive heirs, the distribution and division of his property and rights. This act may be made in the form of a gift-sharing or a testament-sharing. It is subject to the formalities, conditions and rules prescribed for gifts inter vivos in the first case and for wills in the second.
Any person may also distribute and divide his property and rights between descendants of different degrees, whether or not they are his presumptive heirs.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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