Donations Inter Vivos and Mortis Causa Flashcards

Under Louisiana law, what is required for a valid inter vivos donation of an immovable?

Answer: An act passed before a notary and two witnesses, with the donor declaring the donation

An inter vivos donation of an immovable must be made by authentic act before a notary and two witnesses.

What is a donation mortis causa in Louisiana law?

Answer: A donation that takes effect at the death of the donor, governed by the law of testaments

A donation mortis causa takes effect at the donor's death and must comply with testamentary formalities.

Can a donation inter vivos in Louisiana be revoked after acceptance by the donee?

Answer: Only for ingratitude of the donee, failure to fulfill conditions, or legal revocation upon birth of children

Louisiana law permits revocation of inter vivos donations only in limited circumstances.

What is the effect of a donation that exceeds the disposable portion and infringes on the forced portion under Louisiana law?

Answer: The donation is reduced to the extent necessary to satisfy the forced heirs' legitime

Donations that infringe on the forced portion are subject to reduction to protect forced heirs.

Under Louisiana law, may spouses make donations to each other during marriage?

Answer: Yes, but only by authentic act and subject to special rules

Louisiana permits interspousal donations during marriage but they must comply with form requirements and specific rules.

What is a disguised donation under Louisiana civil law?

Answer: A gratuitous transfer made in the form of an onerous contract to conceal the true nature of the transaction

A disguised donation uses the form of an onerous contract to hide the gratuitous nature of the transfer.