Book III: Different ways of acquiring property

In the event of a formal defect, an inter vivos gift cannot be confirmed. It must be redone in the legal form. After the death of the donor, the confirmation or voluntary execution of a donation by the heirs or successors in title of the donor entails their waiver of the right to oppose formal defects or any other cause of nullity.

The gift inter vivos shall not bind the donor, and shall not produce any effect, until the day on which it has been accepted in express terms. The acceptance may be made during the donor’s lifetime by a subsequent and authenticated deed, of which a copy shall remain; but then the gift shall not have any effect, with regard to the donor, until the day on which the deed recording…

If the donee is of full age, the acceptance must be made by him or, in his name, by the person founded on his power of attorney, bearing authority to accept the gift made, or a general power to accept the gifts which may have been or may be made. This power of attorney must be executed before notaries; and a copy of it must be annexed to the minute…

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.