Chapter II: Capacity to dispose of or receive by gift inter vivos or by will.

To make a liberality, one must be of sound mind. A liberality is void where consent has been vitiated by error, fraud or violence.

All persons may dispose of and receive either by donation inter vivos or by will, except those whom the law declares incapable of doing so.

A minor under sixteen years of age may not dispose of anything, except as regulated in Chapter IX of this Title.

A minor who has reached the age of sixteen and is not emancipated may dispose only by will, and only up to the amount of half of the property which the law allows an adult to dispose of. However, if he is called up for a campaign of war, he may, for the duration of hostilities, dispose of the same share as if he were of full age, in favour…

To be capable of receiving inter vivos, it is sufficient to be conceived at the time of the gift. To be capable of receiving by will, it is sufficient to be conceived at the time of the testator’s death. Nevertheless, the gift or will will only have effect as long as the child is born viable.

A minor, although he has reached the age of sixteen years, shall not, even by will, dispose for the benefit of his guardian. A minor, who has reached the age of majority or has become emancipated, shall not dispose, either by gift inter vivos or by will, for the benefit of the person who has been his guardian, unless the final account of the guardianship has first been rendered and…

Members of the medical and pharmacy professions, as well as medical auxiliaries who have provided care to a person during the illness from which he or she dies, may not benefit from inter vivos or testamentary dispositions made in their favour during the course of the illness. Legal representatives for the protection of adults and the legal entities on whose behalf they exercise their functions may not similarly benefit from…

I. – Dispositions inter vivos or by will for the benefit of health establishments, social and medico-social establishments or establishments of public utility shall only have effect insofar as they are authorised by order of the representative of the State in the department. II. – However, inter vivos or testamentary dispositions in favour of foundations, congregations and associations with the capacity to receive donations and, in the departments of Bas-Rhin,…

Donations granted directly or indirectly to religious associations within the meaning of articles 18 and 19 of the Law of 9 December 1905 on the separation of the Churches and the State, to congregations and, in the departments of Bas-Rhin, Haut-Rhin and Moselle, to public religious establishments and to associations registered under local law for religious purposes by foreign States, foreign legal entities or non-resident individuals are freely accepted by…

Any gift to a natural or legal person who is incapable of receiving free of charge is null and void, whether it is disguised in the form of an onerous contract or made in the name of interposed natural or legal persons. In the absence of proof to the contrary, the father and mother, children and descendants, as well as the spouse of the incapable person, are presumed to be…