FORM OF INTERVIVORS ‘DONATIONS

CIVIL CODE
Section 1: Form of inter vivos donations

Article 931

(Law n ° 2006-728 of June 23, 2006 art. 9 Official Journal of June 24, 2006 in force on January 1, 2007) All acts bearing a gift inter vivos will be passed before notaries in the ordinary form of contracts; and there will be a minute left, on pain of nullity.

Article 932

(Law n ° 2006-728 of June 23, 2006 art. 9 Official Journal of June 24, 2006 in force on January 1, 2007)The inter vivos donation will not bind the donor, and will not produce any effect, until the day it has been accepted in express terms.
The acceptance may be made during the donor’s lifetime by a subsequent and authentic act, of which there will be a minute; but then the donation will have effect, with regard to the donor, only from the day on which the act which will establish this acceptance has been notified to him.

Article 933

(Law n ° 2006-728 of June 23, 2006 art. 9 Official Journal of June 24, 2006 in force on January 1, 2007)If the donee is of legal age, the acceptance must be made by him or, in his name, by the authorized person of his power of attorney, carrying power to accept the donation made, or a general power to accept donations that would have been or that could be done.
This power of attorney must be passed before a notary; and a copy must be attached to it at the moment of the donation, at the moment of acceptance which would be made by a separate act.

Article 935

(Law nº 64-1230 of December 14, 1964 art. 2 Official Journal of December 15, 1964)

(Law n ° 2006-728 of June 23, 2006 art. 9 Official Journal of June 24, 2006 in force on January 1, 2007)

The donation made to a non-emancipated minor or to an adult under guardianship must be accepted by his guardian, in accordance with article 463, under the title “On the minority, guardianship and emancipation”.
Nevertheless, the father and mother of the unemancipated minor, or the other ascendants, even during the lifetime of the father and mother, although they are not tutors of the minor, will be able to accept for him.

Article 936

(Law n ° 2006-728 of June 23, 2006 art. 9 Official Journal of June 24, 2006 in force on January 1, 2007)

The deaf-mute who can write can accept it himself or through a proxy. If he does not know how to write, the acceptance must be made by a curator appointed for this purpose, according to the rules established under the title Of Minority, Guardianship and Emancipation.

Article 937

(Ordinance n ° 2005-856 of July 28, 2005 art. 1 Official Journal of July 29, 2005 in force on January 1, 2006)

(Law n ° 2006-728 of June 23, 2006 art. 9, art. 29 Official Journal of June 24, 2006 in force on January 1, 2007)

Donations made for the benefit of health establishments, social and medico-social establishments, the poor of a municipality or, subject to the second paragraph of article 910, public utility establishments, will be accepted by the administrators of these municipalities or establishments, after having been duly authorized to do so.

Article 938

(Law n ° 2006-728 of June 23, 2006 art. 9 Official Journal of June 24, 2006 in force on January 1, 2007)The duly accepted donation will be perfect by the sole consent of the parties; and the ownership of the donated objects will be transferred to the donee, without the need for any other tradition.

Article 939

(Ordinance n ° 59-71 of January 7, 1959 art. 25 Official Journal of January 8, 1959)

(Law n ° 2006-728 of June 23, 2006 art. 9 Official Journal of June 24, 2006 in force on January 1, 2007)

When there is a donation of property liable to mortgage, the publication of the deeds containing the donation and the acceptance, as well as the notification of the acceptance which would have taken place by separate deed, must be made at the mortgage offices in the district in which the properties are located.

Article 940

(Ordinance n ° 59-71 of January 7, 1959 art. 25 Official Journal of January 8, 1959)

(Law n ° 65-570 of July 13, 1965 art. 4 Official Journal of July 14, 1965 in force on February 1, 1966)

(Law n ° 85-1372 of December 23, 1985 art. 48 Official Journal of December 26, 1985 in force on July 1, 1986)

(Law n ° 2006-728 of June 23, 2006 art. 9 Official Journal of June 24, 2006 in force on January 1, 2007)

When the donation is made to minors, to adults under guardianship or to public establishments, the publication will be made at the behest of the guardians, curators or administrators.

Article 941

(Law n ° 2006-728 of June 23, 2006 art. 9 Official Journal of June 24, 2006 in force on January 1, 2007)Failure to publish may be opposed by any person having an interest, except however those responsible for having the publication made, or their successors in title, and the donor.

Article 942

(Ordinance n ° 59-71 of January 7, 1959 art. 25 Official Journal of January 8, 1959)

(Law n ° 85-1372 of December 23, 1985 art. 49 Official Journal of December 26, 1985 in force on July 1, 1986)

(Law n ° 2006-728 of June 23, 2006 art. 9 Official Journal of June 24, 2006 in force on January 1, 2007)

Minors and adults under guardianship will not be returned against failure to accept or publish donations; except their recourse against their guardians, if any, and without the restitution being able to take place, even in the event that the aforesaid guardians are found insolvent.

Article 943

(Law n ° 2006-728 of June 23, 2006 art. 9 Official Journal of June 24, 2006 in force on January 1, 2007)

The inter vivos donation can only include the donor’s present goods; if it includes future goods, it will be void in this regard.

Article 944

(Law n ° 2006-728 of June 23, 2006 art. 9 Official Journal of June 24, 2006 in force on January 1, 2007)

Any inter vivos donation, made under conditions whose execution depends on the sole will of the donor, will be void.

Article 945

(Law n ° 2006-728 of June 23, 2006 art. 9 Official Journal of June 24, 2006 in force on January 1, 2007)It will also be null if it was made under the condition of paying other debts or charges than those which existed at the time of the donation or which would be expressed either in the deed of donation or in the state which should be appended to it.

Article 946

(Law n ° 2006-728 of June 23, 2006 art. 9 Official Journal of June 24, 2006 in force on January 1, 2007)

In the event that the donor has reserved the freedom to dispose of an instrument included in the donation or of a fixed sum on the donated goods, if he dies without having disposed of it, said instrument or said sum will belong to the heirs of the donor. , notwithstanding all clauses and stipulations to the contrary.

Article 947

(Law n ° 2006-728 of June 23, 2006 art. 9 Official Journal of June 24, 2006 in force on January 1, 2007)The four preceding articles do not apply to donations mentioned in chapters VIII and IX of this title.

Article 948

(Law n ° 2006-728 of June 23, 2006 art. 9 Official Journal of June 24, 2006 in force on January 1, 2007)

Any act of donation of household effects will be valid only for effects for which an estimated statement, signed by the donor and the donee, or those who accept for him, will have been appended at the time of the donation.

Article 949

(Law n ° 2006-728 of June 23, 2006 art. 9 Official Journal of June 24, 2006 in force on January 1, 2007)

The donor is permitted to make the reserve for his own benefit or to dispose, for the benefit of another, of the enjoyment or usufruct of the movable or immovable property given.

Article 950

(Law n ° 2006-728 of June 23, 2006 art. 9 Official Journal of June 24, 2006 in force on January 1, 2007)When the donation of movable effects has been made with reserve of usufruct, the donee will be required, at the expiration of the usufruct, to take the donated effects which will be in kind, in the state in which they will be; and he will have action against the donor or his heirs, for reasons of non-existent objects, up to the amount of the value which will have been given to them in the estimated statement.

Article 951

(Law n ° 2006-728 of June 23, 2006 art. 9 Official Journal of June 24, 2006 in force on January 1, 2007)The donor may stipulate the right of return of the donated objects either in the case of the predecease of the donee alone, or in the case of the predecease of the donee and his descendants. This right can only be stipulated for the benefit of the donor alone.

Article 952

(Law n ° 2006-728 of June 23, 2006 art. 9, art. 15 Official Journal of June 24, 2006 in force on January 1, 2007)The effect of the right of return is to resolve all alienations of the goods and rights given, and to return these goods and rights to the donor, free of all charges and mortgages, except the legal hypothec of the spouses if the other goods of the donated spouse are not sufficient for the accomplishment of this return and that the donation was made to him by the marriage contract from which these charges and mortgages result.