The donor may stipulate the right of return of the donated objects either for the case of the predecease of the donee alone, or for the case of the predecease of the donee and his descendants. This right may only be stipulated for the benefit of the donor alone.
The effect of the right of return is to cancel all disposals of the property and rights given, and to cause such property and rights to revert to the donor, free of all encumbrances and mortgages, except for the legal mortgage of the spouses if the other property of the donee spouse is not sufficient to accomplish this return and the gift was made to him by the marriage contract…
An inter vivos gift may be revoked only on the grounds of non-performance of the conditions under which it was made, ingratitude, and the birth of children.
In the event of revocation on the grounds of non-performance of the conditions, the property will revert to the donor, free of all charges and mortgages in respect of the donee; and the donor will have, against third parties holding the donated property, all the rights he would have against the donee himself.
A donation inter vivos may only be revoked on the grounds of ingratitude in the following cases: 1° If the donee has made an attempt on the donor’s life; 2° If he has been guilty of abuse, offences or serious insults towards him; 3° If he refuses to provide him with maintenance.
Revocation on the grounds of non-performance of the conditions, or on the grounds of ingratitude, shall never take place by operation of law.
The application for revocation on grounds of ingratitude must be made within one year from the day of the offence imputed by the donor to the donee, or from the day on which the offence could have been known by the donor. This revocation may not be requested by the donor against the heirs of the donee, nor by the heirs of the donor against the donee, unless, in the…
Revocation on the grounds of ingratitude will not prejudice any alienations made by the donee, nor any mortgages or other real charges that he may have imposed on the object of the donation, provided that the whole is prior to the publication, in the real estate file, of the request for revocation. In the event of revocation, the donee will be ordered to return the value of the objects disposed…
Gifts in favour of marriage will not be revocable on grounds of ingratitude.
All donations inter vivos made by persons who had no children or descendants currently living at the time of the donation, of whatever value these donations may be, and on whatever basis they were made, and even if they were mutual or remunerative, even those which would have been made in favour of marriage by other than by the spouses to each other, may be revoked, if the deed of…
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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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