Book III: Different ways of acquiring property

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…

This revocation may take place even if the donor’s child was conceived at the time of the donation.