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TITLE II. OF DONATIONS INTER VIVOS (BETWEEN LIVING PERSONS) AND MORTIS CAUSA (IN PROSPECT OF DEATH) part 1

CHAPTER 1. GENERAL DISPOSITIONS

Art. 1467. Methods of acquiring or disposing gratuitously
Property can neither be acquired nor disposed of gratuitously, unless by donations inter vivos or mortis causa, made in the forms hereafter established.

Art. 1468. Donation inter vivos, definition
A donation inter vivos (between living persons) is an act by which the donor divests himself, at present and irrevocably, of the thing given, in favor of the donee who accepts it.

Art. 1469. Donation mortis causa, definition
A donation mortis causa (in prospect of death) is an act to take effect, when the donor shall no longer exist, by which he disposes of the whole or a part of his property, and which is revocable.

CHAPTER 2. OF THE CAPACITY NECESSARY FOR DISPOSING AND RECEIVING BY DONATION INTER VIVOS OR MORTIS CAUSA

Art. 1470. Persons capable of giving or receiving
All persons have capacity to make and receive donations inter vivos and mortis causa, except as expressly provided by law.

Art. 1471. Capacity to give, time for existence
Capacity to donate inter vivos must exist at the time the donor makes the donation. Capacity to donate mortis causa must exist at the time the testator executes the testament.

Art. 1472. Capacity to receive, time for existence
Capacity to receive a donation inter vivos must exist at the time the donee accepts the donation. Capacity to receive a donation mortis causa must exist at the time of death of the testator.

Art. 1473. Capacity to receive conditional donation, time for existence
When a donation depends on fulfillment of a suspensive condition, the donee must have capacity to receive at the time the condition is fulfilled.

Art. 1474. Unborn children, capacity to receive
To be capable of receiving by donation inter vivos, an unborn child must be in utero at the time the donation is made. To be capable of receiving by donation mortis causa, an unborn child must be in utero at the time of the death of the testator. In either case, the donation has effect only if the child is born alive.

Art. 1475. Nullity of donation to person incapable of receiving
A donation in favor of a person who is incapable of receiving is null.

Art. 1476. Minors; incapacity to make donations, exceptions
A minor under the age of sixteen years does not have capacity to make a donation either inter vivos or mortis causa, except in favor of his spouse or children.
A minor who has attained the age of sixteen years has capacity to make a donation, but only mortis causa. He may make a donation inter vivos in favor of his spouse or children.

Art. 1477. Capacity to donate, mental condition of donor
To have capacity to make a donation inter vivos or mortis causa, a person must also be able to comprehend generally the nature and consequences of the disposition that he is making.

Art. 1478. Nullity of donation procured by fraud or duress
A donation inter vivos or mortis causa shall be declared null upon proof that it is the product of fraud or duress.

Art. 1479. Nullity of donation procured through undue influence
A donation inter vivos or mortis causa shall be declared null upon proof that it is the product of influence by the donee or another person that so impaired the volition of the donor as to substitute the volition of the donee or other person for the volition of the donor.

Art. 1480. Nullity due to fraud, duress, or undue influence; severability of valid provision
When a donation inter vivos or mortis causa is declared null because of undue influence or because of fraud or duress, it is not necessary that the entire act of donation or testament be nullified. If any provision contained in it is not the product of such means, that provision shall be given effect, unless it is otherwise invalid.

Art. 1481. Fiduciary appointment, termination
Any person who, whether alone or with others, commits fraud or exercises duress or unduly influences a donor within the meaning of the preceding Articles, or whose appointment is procured by such means, shall not be permitted to serve or continue to serve as an executor, trustee, attorney or other fiduciary pursuant to a designation as such in the act of donation or the testament or any amendments or codicils thereto.

Art. 1482. Proof of incapacity to donate
A person who challenges the capacity of a donor must prove by clear and convincing evidence that the donor lacked capacity at the time the donor made the donation inter vivos or executed the testament. However, if the donor made the donation or executed the testament at a time when he was judicially declared to be mentally infirm, then the proponent of the challenged donation or testament must prove the capacity of the donor by clear and convincing evidence.

Art. 1483. Proof of fraud, duress, or undue influence
A person who challenges a donation because of fraud, duress, or undue influence, must prove it by clear and convincing evidence. However, if, at the time the donation was made or the testament executed, a relationship of confidence existed between the donor and the wrongdoer and the wrongdoer was not then related to the donor by affinity, consanguinity or adoption, the person who challenges the donation need only prove the fraud, duress, or undue influence by a preponderance of the evidence.

Art. 1484. Repealed by Acts 1990, No. 147, § 3, eff. July 1, 1990; Acts 1995, No. 1180, § 3, eff. Jan. 1, 1996

Art. 1485. Repealed by Acts 1990, No. 147, § 3, eff. July 1, 1990; Acts 1995, No. 1180, § 3, eff. Jan. 1, 1996

Art. 1486, Art. 1487. Repealed by Acts 1979, No. 607, § 4

Art. 1488. Repealed by Acts 1978, No. 362, § 1

Art. 1489 to Art. 1491. [Blank]

Art. 1492. Repealed by Acts 1989, No. 788, § 2, eff. July 1, 1990; Acts 1990, No. 147, § 3, eff. July 1, 1990; Acts 1995, No. 219, § 1, Acts 1995, No. 1180, § 3, eff. Jan. 1, 1996

CHAPTER 3. OF THE DISPOSABLE PORTION, AND OF ITS REDUCTION IN CASE OF EXCESS

SECTION 1. OF THE DISPOSABLE PORTION AND THE LEGITIME

Art. 1493. Forced heirs; representation of forced heirs
A. Forced heirs are descendants of the first degree twenty-three years of age or younger, or descendants of any age who, because of mental incapacity or physical infirmity, are incapable of taking care of their persons or administering their estates.
B. For purposes of forced heirship, representation of a descendant of the first degree who predeceased the donor is permitted if that descendant would not have attained the age of twenty-three years at the donor's death.

Art. 1494. Forced heir entitled to legitime; exception
A forced heir cannot be deprived of the portion of the donor's estate reserved to him by law, called the legitime, unless the donor has just cause to disinherit him.

Art. 1495. Disposable portion
A. Donations inter vivos and mortis causa cannot exceed three-fourths of the property of the donor if he leaves, at his death, one forced heir, and one-half if he leaves, at his death, two or more forced heirs.
B. Nevertheless, if the fraction that would otherwise be used to calculate the legitime is greater than the fraction of the decedent's estate to which the forced heir would succeed by intestacy, then the legitime shall be calculated by using the fraction of an intestate successor.

Art. 1496. Disposable portion in absence of forced heirs
If there is no forced heir, donations inter vivos and mortis causa may be made to the whole amount of the property of the donor, saving the reservation made hereafter.

Art. 1497. Nullity of donation inter vivos of entire patrimony
A. The donation inter vivos shall in no case divest the donor of all his property; he must reserve to himself enough for subsistence. If he does not do it, a donation of a movable is null for the whole and a donation of an immovable is null for the whole unless the donee, as to such immovable, has alienated by onerous title the immovable given to him. If a donee has alienated by onerous title the immovable which has been given to him, the donation of such immovable shall not be declared null on the ground that the donor did not reserve to himself enough for his subsistence; however, the donee is bound to return the value that the immovable had at the time of its donation to the donee.
B. If the donee has created a real right by onerous title in the immovable given to him or such right has been created by operation of law since the donee received the immovable, the donation is null for the whole and the donor may claim the immovable in the hands of the donee, but subject to such real right as has been created. In such a case, the donee and his successors by gratuitous title are accountable for the resulting diminution of the value of the property.
C. The provisions of this Article are hereby made retroactive to any transfer by onerous title of the donated immovable made prior to September 10, 1982. Any person whose rights are adversely affected by the retroactive provisions of this Article and whose rights have not prescribed or otherwise been extinguished or barred on September 10, 1982 shall have one year from that date to initiate an action or proceeding to declare null a transfer by onerous title of the donated immovable as provided herein or be forever barred from exercising such right or cause of action.

Art. 1498. Legitimate portion unaffected by renunciation of any heir; effect of disinherison or unworthiness
A. The legitimate portion of which the testator is forbidden to dispose to the prejudice of his forced heirs, being once fixed by the number of forced heirs living or represented at the death of the testator, does not diminish by the renunciation of one or any of them. The part of those who renounce goes to those who accept.
B. But if an heir is adjudged disinherited or declared unworthy of succeeding, then the legitimate portion is determined by the number of other forced heirs of the deceased living or represented.

Art. 1499. Usufruct or annuity in excess of disposable portion, option of heirs to execute
If the disposition made by donation inter vivos or mortis causa, be of a usufruct, or of an annuity, the value of which exceeds the disposable portion, the forced heirs have the option, either to execute the disposition or to abandon to the donee the ownership of such portion of the estate as the donor had a right to dispose of.

Art. 1500. Inter vivos alienation to children with reservation of usufruct or annuity, imputed to disposable portion
The value in full ownership of property which has been alienated, either for an annuity for life, or with reservation of a usufruct, to one of those who succeed to the inheritance in the direct descending line, shall be imputed to the disposable portion, and the surplus, if any there be, shall be brought into the succession; but this imputation and this collation, can not be demanded by any of the heirs in the direct descending line who have consented to those alienations.

Art. 1501. Donation of disposable portion to descendant, express exemption of extra portion from collation
The disposable quantum may be given in whole or in part, by an act inter vivos or mortis causa, to one or more of the disposer's children or successible descendants, to the prejudice of his other children or successible descendants, without its being liable to be brought into the succession by the donee or legatee, provided it be expressly declared by the donor that this disposition is intended to be over and above the legitimate portion.
This declaration may be made by the act containing the disposition, or subsequently by an instrument executed before a notary public and two witnesses, or in the donor's last will and testament. Unless expressly stated to the contrary, a declaration of dispensation from collation made in the last will and testament of the donor shall be effective as a dispensation from collating donations made both before and after execution of said testament.

SECTION 2. OF THE REDUCTION OF DISPOSITIONS INTER VIVOS OR MORTIS CAUSA; OF THE MANNER IN WHICH IT IS MADE; AND OF ITS EFFECTS

Art. 1502. Reduction of excessive donations
Any disposal of property, whether inter vivos or mortis causa, exceeding the quantum of which a person may legally dispose to the prejudice of the forced heirs, is not null, but only reducible to that quantum.
Any donation inter vivos, from the donor to his descendants, exceeding the quantum of which a person may legally dispose to the prejudice of forced heirs, is not reducible to that quantum if each such forced heir and the root represented by each forced heir receives the same value of property by donation inter vivos during the calendar year. Such donation inter vivos shall not be included in the calculation of the disposable portion as set forth in Article 1234 nor as set forth in Article 1505.

Art. 1503. Excessive donation effective during life of donor
A donation inter vivos, exceeding the disposable quantum, retains all its effect during the life of the donor.

Art. 1504. Reduction of donations, exclusive right of forced heirs
On the death of the donor or testator, the reduction of the donation, whether inter vivos or mortis causa, can be sued for only by forced heirs, or by their heirs or assigns; neither the donees, legatees, nor creditors of the deceased can require that reduction nor avail themselves of it.

Art. 1505. Calculation of disposable portion on mass of succession
A. To determine the reduction to which the donations, either inter vivos or mortis causa, are liable, an aggregate is formed of all the property belonging to the donor or testator at the time of his decease; to that is fictitiously added the property disposed of by donation inter vivos, according to its value at the time of the donor's decease, in the state in which it was at the period of the donation.
B. The sums due by the estate are deducted from this aggregate amount and the disposable quantum is calculated on the balance, taking into consideration the number of forced heirs.
C. Neither the premiums paid for insurance on the life of the donor nor the proceeds paid pursuant to such coverage shall be included in the above calculation. Moreover, the value of such proceeds at the donor's death payable to a forced heir, or for his benefit, shall be deemed applied and credited in satisfaction of his forced share.
D. Employer and employee contributions under any plan of deferred compensation adopted by any public or governmental employer or any plan qualified under Sections 401 or 408 of the Internal Revenue Code, and any benefits payable by reason of death, disability, retirement, or termination of employment under any such plans, shall not be included in the above calculation, nor shall any of such contributions or benefits be subject to the claims of forced heirs. However, the value of such benefits paid or payable to a forced heir, or for the benefit of a forced heir, shall be deemed applied and credited in satisfaction of his forced share.

Art. 1506. Things lost or destroyed in hands of donee
In the fictitious collation of effects given by act inter vivos by the deceased, those which have perished by accident in the hands of the donee, are not included; those which have perished through his fault only are to be included.

Art. 1507. Reduction of legacies before donations; order of reduction
Donations inter vivos can never be reduced, until the value of all the property, comprised in donations mortis causa be exhausted; and when that reduction is necessary, it shall be made by beginning with the last donation, and thus successively ascending from the last to the first.

Art. 1508. Insolvency of last donee, effect
When the last donee is insolvent, the heir can, after the previous discussion of his effects, claim from the donee, who precedes the last, his legitime, and so on to the one preceding him.

Art. 1509. Method of reducing excessive donation to one heir
If the donation inter vivos, subject to reduction, was made to one of those who succeed to any part of the estate, the latter is authorized to retain of the property given the value of the portion that would belong to him as heir in the property not disposable, if it be of the same nature.

Art. 1510. Nullity of legacies where donations exhaust disposable portion
When the value of donations inter vivos exceeds or equals the disposable quantum, all dispositions mortis causa are without effect.

Art. 1511. Excessive legacies, pro rata reduction
When the dispositions mortis causa exceed either the disposable quantum or the portion of that quantum that remains after the deduction of the value of the donations inter vivos, the reduction shall be made pro rata, without any distinction between universal dispositions and particular ones.

Art. 1512. Preferred legacies, exemption from reduction
Nevertheless, in case the testator has expressly declared that any particular legacy should be paid in preference to the others, that preference shall take place, and the legacy that is the object of it, shall not be reduced, if the value of the others does not fall short of the legal reservation.

Art. 1513. Remunerative donations, extent of reduction
Remunerative donations can never be reduced below the estimated value of the services rendered.

Art. 1514. Onerous donations, extent of reduction
Donations, by which charges are imposed on the donee, can never be reduced below the expenses which the donee has incurred to perform them.

Art. 1515. Restoration of fruits of excessive donation
The donee restores the fruits of what exceeds the disposable portion only from the day of the donor's decease, if the demand of the reduction was made within the year; otherwise from the day of the demand.

Art. 1516. Immovables subject to real rights
When the property given is owned by the donee or his successors by gratuitous title, reduction takes place in kind or by taking less at the election of the donee or his successors. Property that it brought into the succession through the effect of reduction is brought into it subject to any real rights created by operation of law or by onerous title. In such a case, the donee and his successors by gratuitous title are accountable for the resulting diminution of the value of the property.

Art. 1517. Alienations by donee; return of value
When the property given is no longer owned by the donee whose donation is subject to reduction, the donee is bound to return to the succession the value that the property has at the time of the opening of the succession.

Art. 1518. Action for reduction against donee or successors by gratuitous title
The action for reduction may be brought only against the donee or his successors by gratuitous title in accordance with the order of their donations, beginning with the last.

CHAPTER 4. OF DISPOSITIONS REPROBATED BY LAW IN DONATIONS INTER VIVOS AND MORTIS CAUSA

Art. 1519. Impossible, illegal or immoral conditions
In all dispositions inter vivos and mortis causa impossible conditions, those which are contrary to the laws or to morals, are reputed not written.

Art. 1520. Substitutions and fidei commissa
Substitutions are and remain prohibited, except as permitted by the laws relating to trusts.
Every disposition not in trust by which the donee, the heir, or legatee is charged to preserve for and to return a thing to a third person is null, even with regard to the donee, the instituted heir or the legatee.

Art. 1521. Vulgar substitutions; simultaneous death
A. The disposition, by which a third person is called to take a gift, the inheritance or the legacy, in case the donee, the heir, or the legatee does not take it, shall not be considered a substitution and shall be valid, provided:
(1) That a testator may alter or negate the presumptions of survivorship contained in Articles 936 through 939 of this code to provide that when a disposition of property to a donee, heir, or legatee depends upon priority of death, and there is no sufficient evidence that the parties have died otherwise than simultaneously, the property of the testator so disposed shall devolve as if the testator had survived.
(2) That, with regard to the taking of a disposition by any heir, legatee, or trust beneficiary, including the legitime of a forced heir, a testator may impose as a valid suspensive condition that the donee, heir, legatee, or trust beneficiary must survive the testator for a stipulated period, which period shall not exceed ninety days after the testator's death, in default of which a third person is called to take the gift, the inheritance, or the legacy; in such a case the right of the donee, heir, legatee, or trust beneficiary is in suspense until the survivorship vel non as required is determined. If the donee, heir, legatee, or trust beneficiary survives as required, he is considered as having succeeded to the deceased from the moment of his death, and if he does not survive as required, he is considered as never having received it, and the third person who is called to take the bequest in default of his survival is considered as having succeeded to the deceased from the moment of his death. A survivorship condition as to the legitime of a forced heir shall only be valid if the forced heir dies without descendants, or if he dies with descendants and neither the forced heir nor the descendants survive the stipulated time.
B. In all cases under this Article the party whose claim is dependent on survivorship shall have the burden of proving that fact by a fair preponderance of the evidence.

Art. 1522. Separate donations of usufruct and naked ownership
The same shall be observed as to the disposition inter vivos or mortis causa, by which the usufruct is given to one, and the naked ownership to another.

CHAPTER 5. OF DONATIONS INTER VIVOS (BETWEEN LIVING PERSONS)

SECTION 1. GENERAL DISPOSITIONS

Art. 1523. Gratuitous, onerous and remunerative donations; definitions
There are three kinds of donations inter vivos:
The donation purely gratuitous, or that which is made without condition and merely from liberality;
The onerous donation, or that which is burdened with charges imposed on the donee;
The remunerative donation, or that the object of which is to recompense for services rendered.

Art. 1524. Onerous donation
The onerous donation is not a real donation, if the value of the object given does not manifestly exceed that of the charges imposed on the donee.

Art. 1525. Remunerative donation
The remunerative donation is not a real donation, if the value of the services to be recompensed thereby being appreciated in money, should be little inferior to that of the gift.

Art. 1526. Onerous and remunerative donations, when rules applicable
In consequence, the rules peculiar to donations inter vivos do not apply to onerous and remunerative donations, except when the value of the object given exceeds by one-half that of the charges or of the services.

Art. 1527. Charges or conditions imposed by donor
The donor may impose on the donee any charges or conditions he pleases, provided they contain nothing contrary to law or good morals.

Art. 1528. Donation of future property, nullity
A donation inter vivos can comprehend only the present property of the donor. If it comprehends property to come, it shall be null with regard to that.

Art. 1529. Donation conditional on will of donor, nullity
Every donation inter vivos made on conditions, the execution of which depends on the sole will of the donor, is null.

Art. 1530. Donation conditional on payment of future or unexpressed debts and charges, nullity
It is also null, if it was made on condition of paying other debts and charges than those that existed at the time of the donation, or were expressed either in the act of donation or in the act that was to be annexed to it.

Art. 1531. Donation reserving right of disposition
In case of the donor has reserved to himself the liberty of disposing of any object comprised in the donation or of a stated sum on the property given, if he dies without having disposed of it, that object or sum shall belong to the heirs of the donor, any clause or stipulation to the contrary notwithstanding.

Art. 1532. Donations excepted from Articles 1528 - 1531
The four preceding articles are not applicable to donations of which mention is made in the eighth and ninth chapters of the present title.

Art. 1533. Donation or reservation of usufruct
The donor is permitted to reserve for his own advantage, or to dispose of for the advantage of any other person, the enjoyment or usufruct of the immovable property given.

Art. 1534. Stipulation for right of return to donor
The donor may stipulate the right of return of the objects given, either in case of his surviving the donee alone, or in case of his surviving the donee and his descendants.
That right can be stipulated for the advantage of the donor alone.

Art. 1535. Right of return, effect
The effect of the right of return is, that it cancels all alienations of the property given that may have been made by the donee or his descendants, and causes the property to return to the donor, free and clear of all incumbrances and mortgages.

SECTION 2. OF THE FORM OF DONATIONS INTER VIVOS

Art. 1536. Donation of immovables or incorporeals, form required
An act shall be passed before a notary public and two witnesses of every donation inter vivos of immovable property or incorporeal things, such as rents, credits, rights or actions, under the penalty of nullity.

Art. 1537. Donation of immovables, feigned delivery ineffective
No feigned delivery of immovables given shall have effect against third persons.

Art. 1538. Donation of movables, form required
A donation inter vivos, even of movable effects, will not be valid, unless an act be passed of the same, as is before prescribed.
Such an act ought to contain a detailed estimate of the effects given.

Art. 1539. Manual gift
The manual gift, that is, the giving of corporeal movable effects, accompanied by a real delivery, is not subject to any formality.

Art. 1540. Donations effective from date of acceptance
A donation inter vivos shall be binding on the donor, and shall produce effect only from the day of its being accepted in precise terms.
The acceptance may be made during the lifetime of the donor by a posterior and authentic act, but in that case the donation shall have effect, with regard to the donor, only from the day of his being notified of the act establishing that acceptance.

Art. 1541. Corporeal possession in lieu of acceptance
Yet, if the donation has been executed, that is, if the donee has been put by the donor into corporeal possession of the effects given, the donation, though not accepted in express terms, has full effect.

Art. 1542. Acceptance in person or by attorney
If the donee be of full age, the acceptance may be made by him, or in his name by his attorney in fact having special power to accept the donation which is made, or a general power to accept the donations that have been or may be made.

Art. 1543. Acceptance during life of donee
The acceptance can only be made by the donee personally, or by his attorney in fact during his life. If he refuse or neglect to accept, his creditors can not accept it in his stead, under the pretext that the refusal has been in fraud of their rights.

Art. 1544. Acceptance by heir after death of donee, nullity
If the donee die before having accepted, the acceptance can not be made by his heirs, and the donation remains without effect.

Art. 1545. Repealed by Acts 1974, No. 89, § 2

Art. 1546. Unemancipated minor, persons, authorized to accept
A donation made to a minor, not emancipated, must be accepted by his tutor.
Nevertheless, either parent of the minor, or any ascendant of the minor, whether the minor is emancipated or not, or the tutor of the minor, may accept the donation for the minor whether such parent or ascendant is the donor, or the tutor of the minor or both. And a donation to be held in trust for the minor may be accepted by the trustee alone.

Art. 1547. Interdict, acceptance by curator
If a donee, being of full age, be under interdiction, the acceptance is made for him by his curator.

Art. 1548. Deaf persons, method of acceptance
A deaf person, knowing how to write, may accept for himself or by an attorney in fact.
If he does not know how to write, the acceptance shall be made by a curator appointed by the judge for that purpose.

Art. 1549. Hospitals, charitable and other institutions; acceptance by administrators
Donations made for the benefit of a hospital, of the poor of a community, or of establishments of public utility, shall be accepted by the administrators of such communities or establishments.

Art. 1550. Effect of acceptance
A donation, duly accepted, is perfect by the mere consent of the parties; and the ownership of the objects given is transferred to the donee, without the necessity of any other delivery.

Art. 1551. Property acquired subject to existing charges
The property given passes to the donee with all its charges, even those which the donor has imposed between the time of the donation and that of the acceptance.

Art. 1552. Universal donee, liability for debts of donor
The universal donee is bound to pay the debts of the donor, which existed at the time of the donation, but he can discharge himself therefrom by abandoning the property given.

Art. 1553. Particular donees, proportionate liability for debts of donor
If the whole of the effects of the donor have been given to several donees, each for a certain proportion, each of them is bound for the debts for the portion of which he is the donee.

Art. 1554. Recordation of donation and acceptance of immovable property
When the donation comprehends immovables or rights thereto, the act of donation, as well as the act of acceptance, whether the acceptance be made by the same or a separate act, must be registered within the time prescribed for the registry of mortgages in the register of conveyances of the parish in which the immovable[fn1] is situated.
[fn1] House and Senate Journal for July 7, 1981, show that both accepted a conference committee amendment to add the phrase ". . . immoveable", but was typed in final act as "moveable" therefore, on authority of R.S. 24:253, "immoveable" was substituted for "moveable."

Art. 1555. Repealed by Acts 1974, No. 89, § 2

Art. 1556. Recordation of donations to incapables or to public establishments
When the donation is made to minors, to persons under interdiction, or to public establishments, the registry shall be made at the instance of the tutors, curators or administrators.

Art. 1557. Persons entitled to plead non-recordation
The want of registry may be pleaded by all persons concerned, except the donor, those persons whose duty it was to cause the registry to be made and their representatives.

Art. 1558. Recourse of incapables for non-recordation
Minors and persons under interdiction are not entitled to relief for the want of acceptance or registry of donations; but they have in such cases their recourse against their tutors or curators; and even in case of the insolvency of such tutors or curators they shall not be entitled to relief by way of restitution.

SECTION 3. OF THE EXCEPTION TO THE RULE OF THE IRREVOCABILITY OF DONATIONS INTER VIVOS

Art. 1559. Causes for revocation or dissolution
Donation [Donations] inter vivos are liable to be revoked or dissolved on account of the following causes:
1. The ingratitude of the donee;
2. The non-fulfillment of the eventual conditions, which suspend their consummation;
3. The non-performance of the conditions imposed on the donee;
4. The legal or conventional return.

Art. 1560. Revocation for ingratitude
Revocation on account of ingratitude can take place only in the three following cases:
1. If the donee has attempted to take the life of the donor;
2. If he has been guilty towards him of cruel treatment, crimes or grievous injuries;
3. If he has refused him food, when in distress.

Art. 1561. Revocation of ingratitude; prescription, parties
An act of revocation for cause of ingratitude must be brought within one year from the day of the act of ingratitude, imputed by the donor to the donee, or from the day that the act was made known to the donor.
The revocation can not be sued for by the donor against the heirs of the donee, nor by the heirs of the donor against the donee; unless in the latter case, the suit was brought by the donor, or he died within the year in which the act of ingratitude was committed.

Art. 1562. Revocation for ingratitude, effect on prior encumbrances or alienations by donee
Revocation for cause of ingratitude affects neither the alienation made by the donee nor the mortgages, nor the real incumbrances he may have laid on the thing given, provided such transactions were anterior to the bringing of the suit or [of] revocation.

Art. 1563. Revocation for ingratitude, restoration of value and fruits
In case of revocation for cause of ingratitude, the donee shall be obliged to restore the value of the thing given, estimating such value according to its worth at the time of bringing the action, and the fruits from the day that it is brought.

Art. 1564. Donations in consideration of marriage revocability for ingratitude
Donations in consideration of marriage are not revocable for cause of ingratitude, when there are children of that marriage.
When there are not, the revocation takes place with regard to the donee, but without impairing the rights resulting from the marriage in favor of the other party to the marriage.

Art. 1565. Dissolution for non-fulfillment of suspensive condition
When an eventual condition, which suspends the execution of a donation, can no longer be accomplished, as if the donation was to be executed on the arrival of a certain vessel, and the vessel is lost, the donation is dissolved of right.

Art. 1566. Non-fulfillment of potestative conditions; suit to dissolve
But if the conditions be potestative, that is, if the donee is obliged to perform or prevent them, their non-fulfillment does not, of right, operate a dissolution of the donation; it must be sued for and decreed judicially.

Art. 1567. Revocation or dissolution for non-execution of condition; prescription
An action of revocation or rescission of a donation on account of the non-execution of the conditions imposed on the donee, is subject only to the usual prescription, which runs only from the day that the donee ceased to fulfill his obligations.

Art. 1568. Revocation or rescission for non-execution of condition
A. In case of revocation or rescission on account of the non-execution of the condition, the immovable shall return to the donor unless the donee has alienated by onerous title the immovable given to him. If the donee has alienated by onerous title the immovable given to him, the donor shall not have the right to claim the immovable in the hands of the transferee; however, the donee is bound to return the value that the immovable had at the time of its donation to the donee.
B. If the donee has created a real right by onerous title in the immovable given to him or a real right has been created by operation of law since the donee received the immovable, the donor may claim the immovable in the hands of the donee, but subject to the real right that has been created. In this case, the donee and his successors by gratuitous title are accountable to the donor for the resulting diminution in the value of the property.

Art. 1569. Revocation or dissolution, donee's liability for fruits
In all cases, in which the donation is revoked or dissolved, the donee is not bound to restore the fruits by him gathered previous to the demand for the revocation or rescission.
But in case of the non-fulfillment of condition [conditions], which the donee is bound to fulfill, if it be proved to have proceeded from his fault, he may be condemned to restore the fruits by him received since his neglect to fulfill the conditions.

CHAPTER 6. OF DISPOSITIONS MORTIS CAUSA (IN PROSPECT OF DEATH)

SECTION 1. OF THE TESTAMENT

Art. 1570. Form of donations mortis causa
No disposition mortis causa shall henceforth be made otherwise than by last will or testament. Every other form is abrogated.
But the name given to the act of last will is of no importance, and dispositions may be made by testament under this title or under that of institution of heir, of legacy, codicil, donation mortis causa, or under any other name indicating the last will, provided that the act be clothed with the forms required for the validity of a testament, and the clauses it contains, or the manner in which it is made, clearly establish that it is a disposition of last will.
Thus an act of last will, by which an individual disposes of his property or of part thereof, in any manner whatsoever, whether he has or has not charged any one with the execution of his last will, is considered as a testament, if it be, in other respects, clothed with the formalities required by law.

Art. 1571. Testament, definition
A testament is the act of last will clothed with certain solemnities, by which the testator disposes of his property, either universally or by universal title, or by particular title.

Art. 1572. Joint or reciprocal testaments by same act prohibited
A testament can not be made by the same act, by two or more persons, either for the benefit of a third person, or under the title of a reciprocal or mutual disposition.

Art. 1573. Delegation of authority or choice to third person prohibited
The custom of willing by testament, by the intervention of a commissary or attorney in fact, is abolished.
Thus the institution of heir and all other testamentary dispositions committed to the choice of a third person are null, even should that choice have been limited to a certain number of persons designated by the testator. However, if the testator has designated the quantum or value of his estate which he bequeaths to a legatee either by formula or by specific sum, he may expressly delegate to his executor the authority to select assets to satisfy the quantum or value.

SECTION 2. GENERAL RULES ON THE FORM OF TESTAMENTS

Art. 1574. Kinds of testaments
All testaments are divided into three principal classes, to wit:
1. Nuncupative or open testaments;
2. Mystic or sealed testaments;
3. Olographic testaments.

Art. 1575. Nuncupative or mystic testament, writing essential
Testaments, whether nuncupative or mystic, must be drawn up in writing, either by the testator himself, or by some other person under his dictation.

Art. 1576. Verbal testament abolished
The custom of making verbal testaments, that is to say, resulting from the mere deposition of witnesses, who were present when the testator made known to them his will, without his having committed it or caused it to be committed to writing, is abrogated.

Art. 1577. Nuncupative testaments, kinds
Nuncupative testaments may be made by public act, or by act under private signature.

Art. 1578. Nuncupative testament by public act, formalities
The nuncupative testaments by public act must be received by a notary public, in presence of three witnesses residing in the place where the will is executed, or of five witnesses not residing in the place.
This testament must be dictated by the testator and written by the notary as it is dictated.
It must then be read to the testator in presence of the witnesses.
Express mention is made of the whole, observing that all those formalities must be fulfilled at one time, without interruption, and without turning aside to other acts.

Art. 1579. Nuncupative testament by public act, signature of testator
This testament must be signed by the testator; if he declares that he knows not how, or is not able to sign, express mention of his declaration, as also of the cause that hinders him from signing, must be made in the act.

Art. 1580. Nuncupative testament by public act, signature of witnesses
This testament must be signed by the witnesses, or at least by one of them for all, if the others can not write.

Art. 1581. Nuncupative testament by private act, formalities
A nuncupative testament, under private signature, must be written by the testator himself, or by any other person from his dictation, or even by one of the witnesses, in presence of five witnesses residing in the place where the will is received, or of seven witnesses residing out of that place.
Or it will suffice, if, in the presence of the same number of witnesses, the testator presents the paper on which he has written his testament, or caused it to be written out of their presence, declaring to them that the paper contains his will.

Art. 1582. Nuncupative testament by private act, reading and signatures
In either case, the testament must be read by the testator to the witnesses, or by one of the witnesses to the rest, in presence of the testator; it must be signed by the testator, if he knows how or is able to sign, and by the witnesses or at least by two of them, in case the others know not how to sign, and those of the witnesses who do not know how to sign, must affix their mark.
This testament is subject to no other formality than those prescribed by this and the preceding article.

Art. 1583. Nuncupative testament by private act executed in the country formalities
In the country it suffices for the validity of nuncupative testaments under private signature, if the testament be passed in the presence of three witnesses residing in the place where the testament is received, or of five witnesses residing out of that place, provided that in this case a greater number of witnesses can not be had.

Art. 1584. Mystic testament, formalities
The mystic or secret testament, otherwise called the closed testament, is made in the following manner: The testator must sign his dispositions, whether he has written them himself or has caused them to be written by another person. The paper containing those dispositions, or the paper serving as their envelope must be closed and sealed. The testator shall present it thus closed and sealed to the notary and to three witnesses, or he shall cause it to be closed and sealed in their presence. Then he shall declare to the notary, in the presence of the witnesses that the paper contains his testament written by himself or by another by his direction, and signed by him, the testator. The notary shall then draw up the act of superscription, which shall be written on that paper or on the sheet that serves as its envelope, and that act shall be signed by the testator, by the notary and by the witnesses.

Art. 1585. Mystic testament, continuity of acts; testator's inability to sign superscription
All that is above prescribed shall be done without interruption or turning aside to other acts; and in case the testator, by reason of any hindrance that has happened since the signing of the testament, can not sign the act of superscription, mention shall be made of the declaration made by him thereof, without its being necessary, in that case to increase the number of witnesses.

Art. 1586. Mystic testament, persons incapable of making
Those who know not how or are not able to write, and those who know not how or are not able to sign their names, can not make dispositions in the form of the mystic will.

Art. 1587. Mystic testament, signatures of witnesses
If any one of the witnesses to the act of superscription know not how to sign, express mention shall be made thereof.
In all cases, the act must be signed at least by two witnesses.

Art. 1588. Olographic testament; definition, formalities
The olographic testament is that which is written by the testator himself.
In order to be valid, it must be entirely written, dated and signed by the hand of the testator. It is subject to no other form, and may be made anywhere, even out of the State.

Art. 1589. Olographic testament, erasures or additions
Erasures not approved by the testator are considered as not made, and words added by the hand of another as not written.
If the erasures are so made as to render it impossible to distinguish the words covered by them, it shall be left to the discretion of the judge to declare, if he considers them important, and in this case only to decree the nullity of the testament.

Art. 1590. Validity of testament in compliance with any one of forms prescribed
It suffices, for the validity of a testament, that it be valid under any one of the forms prescribed by law, however, defective it may be in the form under which the testator may have intended to make it.

Art. 1591. Persons incapable of being witnesses to testament
The following persons are absolutely incapable of being witnesses to testaments:
1. Children who have not obtained the age of sixteen years complete.
2. Persons who are insane.
3. Persons who are deaf. However, one who is deaf may be a witness to a testament authorized by R.S. 9:2442 and R.S. 9:2444.
4. Persons who are blind.
5. Persons whom the criminal laws declare incapable of exercising civil functions.

Art. 1592. Heirs and legatees excluded as witnesses; exception
A. Neither can testaments be witnessed by those who are constituted heirs or named legatees, under whatsoever title it may be.
B. Notwithstanding the prohibition contained in Paragraph A of this Article, if a testament is witnessed by an heir or legatee, the testament shall be valid, except as to any legacy to that heir or legatee in the testament. This shall apply to all testaments, regardless of when made.

Art. 1593. Mystic testament, exception
Mystic testaments are excepted from the the preceding article.

Art. 1594. Residence of witnesses
By the residence of the witnesses in the place where the testament is executed, is understood their residence in the parish where that testament is made; that residence is necessary only when it is expressly required by law.

Art. 1595. Testamentary formalities essential
The formalities, to which testaments are subject by the provisions of the present section, must be observed; otherwise the testaments are null and void.

Art. 1596. [Repealed by Acts 1960, No. 30, Section 2.]

SECTION 3 - PARTICULAR RULES ON THE FORM OF CERTAIN TESTAMENTS

Art. 1597. Testaments of military personnel in the field
The wills of persons employed in armies in the field, or in a military expedition, may be received by a commissioned officer, in presence of two witnesses.

Art. 1598. Testaments of sick or wounded military personnel
If the testator is sick or wounded, they may be received by the physician or surgeon attending him, assisted by two witnesses.

Art. 1599. Formalities required for testaments of military personnel
These testaments are subject to no other formalities than that of being reduced to writing, and being signed by the testator, if he can write, by the persons receiving them, and by the witnesses.