Chapter I: General provisions.

A liberality is the act by which a person disposes of all or part of his property or rights free of charge for the benefit of another person. A liberality can only be made by inter vivos gift or by will.

An inter vivos gift is an act by which the donor currently and irrevocably disposes of the thing given in favour of the donee who accepts it.

A will is an act by which the testator disposes of all or part of his property or rights for the time when he no longer exists, and which he may revoke.

A disposition by which a person is charged to preserve and return to a third party has effect only where it is authorised by law.

A provision by which a third party is called upon to receive the gift, succession or legacy, in the event that the donee, instituted heir or legatee does not receive it, shall not be regarded as a substitution and shall be valid. .

The same will apply to an inter vivos or testamentary disposition by which the usufruct is given to one and the bare ownership to the other.

In any disposition inter vivos or testamentary, impossible conditions, those contrary to law or morality, shall be deemed unwritten.

Inalienability clauses affecting donated or bequeathed property are only valid if they are temporary and justified by a serious and legitimate interest. Even in this case, the donee or legatee may be judicially authorised to dispose of the property if the interest which had justified the clause has disappeared or if it transpires that a more important interest requires it. The provisions of this article are without prejudice to gifts…

Any benefactor may apply to the courts for a review of the conditions and charges attached to the gifts or legacies he or she has received, where, as a result of a change in circumstances, their execution has become either extremely difficult or seriously detrimental to him or her.

The application for revision is made by way of principal action; it may also be made by way of counterclaim, in response to the action for execution or revocation which the heirs of the disposing person have brought. It is made against the heirs; it is made at the same time against the public prosecutor if there is doubt as to the existence or identity of some of them; if…