Can act of donation be rescinded?

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    • #3637

      Land was donated to someone back in 2004. The land and dwellings was refinanced within a couple of years and has since been refinanced again due to divorce and remarriage.

      The original donor has some notes someone gave her about rescinding the donation and then making the other couple move the doublewide off the land.

      Can this donation be rescinded after all this?

      If it matters how it was donated, the document is titled, Donation Inter Vivos

    • #3640

      Acts of donation are considered irrevocable unless the donor specifically reserves the right to revoke the donation.

      That being said, in some situations a donation can be rescinded for cause, typically on the grounds of ingratitude of the donee -which may not apply to immovable property (real estate).

      A donation can always be revoked on the basis of nullity. For example, the donor was an interdict or a minor which would make the donation a nullity. Another cause would be making the donation under duress.

      There is also a difference between onerous and gratuitous donations. A gratuitous donation is one in which the donor receives no benefit in return for the donation. That type of donation is easier to rescind.

      OK -I’ve probably complicated this enough. There is a strong presumption that donations are valid on their face and, in the case of donating immovable property, that the authentic act conveying the property is also presumed correct on it’s face. So, it is tough to get a court to revoke a donation. As for time, there is no particular time limit in many situations – but the more time that goes by the less likely a judge would disturb what has been done. Here are examples, starting with the Civil Code.

      A donation inter vivos shall be made by authentic act under the penalty of absolute nullity, unless otherwise expressly permitted by law. La. C.C. art. 1541.

      An inter vivos donation is a contract by which a person, called the donor, gratuitously divests himself, at present and irrevocably, of the thing given in favor of another, called the donee, who accepts it. O’Krepki v. O’Krepki, 16-50 (La. App. 5 Cir. 5/26/16); 193 So.3d 574, 579, citing La. C.C. art. 1468. In order for the donation to be valid, there must be a divestment, accompanied by donative intent. Id. The donee has the burden of proving donative intent, which is a factual issue. Cinino v. Capps, 48,122 (La. App. 2 Cir. 6/26/13); 117 So.3d 573, 575. A donation inter vivos may be revoked because of ingratitude of the donee if he has been guilty of cruel treatment, crimes, or grievous injuries against the donor. La. C.C. arts. 1556 and 1157.

    • #3642

      Thanks Lex!

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