Donations Inter Vivos and Mortis Causa 1 Flashcards

Under Louisiana law, which of the following persons has the legal capacity to make a donation inter vivos?

Answer: An emancipated minor

An emancipated minor acquires full civil capacity under Louisiana law and may make donations inter vivos. Persons under full interdiction lack the legal capacity to make donations, as capacity requires sound mind and the absence of interdiction under La. C.C. Art. 1470.

Under Louisiana law, what is a 'manual gift' and how does it differ from the general rule for donations inter vivos?

Answer: A donation of a corporeal movable made by actual delivery, without the need for a notarial act

La. C.C. Art. 1539 provides an exception to the notarial act requirement: a corporeal movable may be donated by a manual gift, accomplished through actual physical delivery of the thing to the donee, with no formal act required.

For a donation inter vivos to be valid and effective under Louisiana law, when must the donee's acceptance occur?

Answer: During the lifetime of both the donor and the donee

Under La. C.C. Art. 1544, a donation inter vivos has no effect unless accepted by the donee, and the acceptance must take place during the lifetime of both the donor and the donee. A post-death acceptance renders the transaction void as a donation inter vivos.

Under Louisiana law, on which of the following grounds may a donor successfully seek revocation of a donation inter vivos for ingratitude?

Answer: The donee attempted to take the life of the donor

La. C.C. Art. 1560 permits revocation of a donation inter vivos for ingratitude when the donee has attempted to take the donor's life, committed cruel treatment or grievous injuries against the donor, or has refused to provide the donor with food when the donor was in necessity. Alienation of the gift or failure to express gratitude are not recognized grounds.

Under Louisiana law, what is the legal character of an 'onerous donation' when the charges or conditions imposed on the donee equal or exceed the value of the thing given?

Answer: It is treated as a synallagmatic (bilateral) contract rather than a true donation

When the burdens placed on the donee equal or exceed the value of the donated thing, there is no net gratuitous transfer. Louisiana law treats the transaction as a synallagmatic contract governed by the rules of onerous contracts, stripping it of its character as a donation entirely.

Under Louisiana law, at what point does a donation mortis causa become effective and no longer revocable by the donor?

Answer: Only upon the death of the donor

A donation mortis causa is by definition contingent on and takes effect only at the moment of the donor's death. Until death, the donor retains full power to revoke or modify the testament. Acceptance by a legatee during the donor's lifetime has no legal effect on revocability.