Legal Framework and Requirements for Donations

The Act of Donation: Definition and Capacity

Donation: An act of liberality whereby a person disposes of a thing free of charge in favor of another who accepts it. It is an act, a device, and a means of transmission not only obligating transmission.

Ability of Parties

The act also requires the legal ability to bind and the ability to dispose on the part of the parties involved.

Receipt of Donations: Distinctions

• Unconditional Donations: May be accepted by all who are not legally prevented.
• Burdensome or Conditional Grants: Can only be accepted by those who can afford the conditions, often requiring representatives. Donations designed for minors who cannot act without representatives may be accepted by those representatives; however, grants to non-working persons are generally void.

Regarding joint grants, an increase in value means that if one recipient does not receive a portion, it is shared by the others.

Purpose of the Gift

The purpose of the gift means any property suspected of being the donor's or part of it, but not future goods.

We must protect the legitimate, which is the portion of assets that the testator cannot dispose of by law, reserved to certain heirs. In this context, the casus donationis (the case of the gift) is stronger than other dispositions.

Form of Donation

A specific method is required for its completion:

• Movable Property: May be made orally (requiring simultaneous delivery) or in writing.
• Immovable Property (Real Estate): Must be made by public deed, and acceptance must occur during the donor's lifetime.

Acceptance by the Donee

The donation is perfected from the moment the donor knows of the donee's acceptance. The donor remains free to revoke the donation until it is accepted.

Effects and Duties Related to Donations

Effects and Duties of the Donor

A dedication, configured as an obligation, is included in the very perfection of the business system. Material and legal compliance is not strictly necessary because the donee is not entitled to ensure the material compliance of the thing, unless the donation involved a consideration for the recipient, in which case eviction protection may apply.

Duties of the Grantee (Donee)

The donee has a debt of gratitude, which includes:

• Not committing a crime against the donor's person.
• Not charging the donor with a crime.
• Not denying food to the donor (if applicable).

Non-compliance with these duties can result in revocation due to ingratitude. Also, if the donation was made in fraud of creditors, the donee must pay the donor's debts unless there was a prior agreement to the contrary.

Revocation of Grants

Revocation can occur under specific circumstances:

1. Supervenience or Survival of Children: Donated goods must be refunded, but not the fruits. The prescription period is 5 years.
2. Failure of Charges: Goods and fruits collected after the default are returned. The limitation period is 15 years (Note: This likely refers to a specific legal context; standard civil codes often vary).
3. Ingratitude: Goods are returned, but not the fruit. The limitation period is 1 year.

Reduction of Donations

Those entitled to the legitimate portion of an inheritance, or their heirs, can request reduction. However, no one can give or receive by gift more than they could give or receive by will.

Special Donations

These include:

• Donations of Use: Based on habits and customs.
• Donations with Cause (Modal): Imposing a levy on the value of the donated item.
• Remunerative Donations: Given for merits or services rendered.
• Donations with Reversion Clause: Stipulating return, only for the donor's benefit.
• Donations by Marriage.
• Mortis Causa Donations.