French Civil Code

A gift made to an unemancipated minor or an adult under guardianship must be accepted by his or her guardian, in accordance with article 463, under the heading “Of minority, guardianship and emancipation”. However, the father and mother of the unemancipated minor, or other ascendants, even during the lifetime of the father and mother, even though they are not the minor’s guardians, may accept for him or her.

A deaf-mute who can write may accept himself or through a proxy. If he cannot write, the acceptance must be made by a curator appointed for this purpose, following the rules laid down in the title “Of minority, guardianship and emancipation”.

Subject to the provisions of the second and third paragraphs of Article 910, donations made for the benefit of charitable establishments shall be accepted by the directors of such establishments, after they have been duly authorised to do so.

The donation duly accepted shall be perfected by the consent of the parties alone; and the ownership of the objects donated shall be transferred to the donee, without the need for any other tradition.

Where there is a donation of property subject to mortgages, publication of the deeds containing the donation and acceptance, as well as notification of the acceptance which would have taken place by separate deed, must be made to the service responsible for land registration in the location of the property.

When the donation is made to minors, adults under guardianship or public institutions, publication shall be made at the request of the guardians, curators or administrators.

Failure to publish may be asserted by all persons having an interest, except, however, those responsible for causing the publication to be made, or their assigns, and the donor.

Minors and adults under guardianship will not be reimbursed for failure to accept or publish donations; except for their recourse against their guardians, if necessary, and without reimbursement being possible, even in the event that the said guardians should become insolvent. .

The gift inter vivos may include only the present property of the donor; if it includes future property, it will be void in this respect.

Any gift inter vivos, made under conditions the performance of which depends on the sole will of the donor, shall be void.