Book III: Different ways of acquiring property

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…

The judge hearing the application for revision may, depending on the case and even of his own motion, either reduce the quantity or periodicity of the benefits encumbering the gift, or modify its purpose by drawing inspiration from the intention of the grantor, or even group them together, with similar benefits resulting from other gifts. He may authorise the alienation of all or part of the property that is the…

The application is admissible only ten years after the death of the disposing person or, in the case of successive applications, ten years after the judgment ordering the previous review. The person receiving the grant must provide evidence of the steps he or she has taken, in the interim, to fulfil his or her obligations.

Third-party proceedings against the judgment granting the application for revision are admissible only in the event of fraud attributable to the donee or legatee. The revocation or reversal of the contested judgment does not give rise to any right of action against the third-party purchaser in good faith.

If, subsequent to the revision, performance of the conditions or charges, as originally provided for, becomes possible again, it may be requested by the heirs.

Any clause by which the disposing party deprives of the gift a person who would question the validity of an inalienability clause or request authorisation to alienate is deemed unwritten.