into it without any charge of debts or mortgages created by the donee.

C. C. 1280 (1358); C. N. 929.

ART. 1517. [1504.]-The action of reduction or revendication may be brought by the heirs against third persons holding the immovable property, which has been alienated by the donee, in the same manner and order that it may be brought against the donee himself, but after discussion of the property of the donee. C. C. 1281 (1359), 3548 (3512); C. N. 930; 1 L. 505; 11 R. 302.

ART. 1518. [1505.]-If the donee has successively sold several objects of real estate, liable to the action of revendication, that action must be brought against third persons holding the property, according to the order of their purchases, beginning with the last, and ascending in succession from the last to the first.

C. C. 1507 (1494).

CHAPTER 4.

Of Dispositions Reprobated by Law in Donations Inter Vivos and Mortis Causa.

ART. 1519. [1506.]—In all dispositions inter vivos and mortis causa impossible conditions, those which are contrary to the laws or to morals, are reputed not written.

C. C. 11, 2031 (2026); C. N. 900; 12 R. 56; 7 A. 395; 8 A. 171; 10 A. 169, 466; 12 A. 301, 767, 770; 13 A. 162; 15 A. 700; D. Sec. 682.

ART. 1520. [1507.]—Substitutions and fidei commissa are and remain prohibited.

Every disposition by which the donee, the heir, or legatee is charged to preserve for or to return a thing to a third person is null, even with regard to the donee, the instituted heir or the legatee.

In consequence of this article the trebellianic portion of the civil law, that is to say, the portion of the property of the testator, which the instituted heir had a right to detain, when he was charged with a fidei commissa or fiduciary bequest is no longer a part of our law.

C. C. 1534 (1521); C. N. 896, 1048. 1074; 4 N. S 45; 4 L. 212, 502; 6 L. 231; 12 L. 19; 13 L. 1; 18 L. 21; 1 R. 115; 2 A. 377; 3 A. 432, 494; 5 A. 476; 7 A. 395. 510; 10 A. 359, 572; 11 A. 106; 12 A. 767; 13 A. 544, 574; 14 A. 537, 578; 15 A. 154, 211, 700; 17 A. 204, 224; 19 A. 79; 20 A. 162; 23 A. 129; 24 A. 524. ART. 1521. [1508.]-The deposition, by which a third person is called to take the 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.

C. N. 898; 3 A. 494.

ART. 1522. [1509.]-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.

C. C. 581 (578), 1533 (1520); C. N. 899; 7 N. S. 414; 1 R. 115; 3 A. 494; 10 A. 28; 11 A. 106.

CHAPTER 5.

Of Donations Inter Vivos (between Living Persons.)

SECTION 1.

General Dispositions.

ART. 1523. [1510.]—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.

C. C. 1726 (1719).

ART. 1524. [1511.]-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. [1512]-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.

6 L. 380; 2 R. 292.

ART. 1526. [1513.]-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.

6 L. 380; 11 R. 302; 3 A. 230.

ART. 1527. [1515.]-The donor may impose on the donee any charges or conditions he pleases, provided they contain nothing contrary to law or good morals.

10 A. 478.

ART. 1528. [1514.]—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.

C. N. 943; 10 L. 85; 2 A. 776; 10 A. 478.

ART. 1529. [1516.]—Every donation inter vivos made on conditions, the execution of which depends on the sole will of the donor, is null.

C. N. 944.

ART. 1530. [1517.]-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.

C. N. 945.

ART. 1531. [1518.]-In case 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.

C. N. 946.

ART. 1532. [1519.]-The four preceding articles are not applicable to donations of which mention is made in the eighth and ninth chapters of the present title.

C C. 1734 (1727); C. N. 947; 15 L. 562; 10 A. 478.*

ART. 1533. [1520.]—The donor is permitted to dispose, for the advantage of any other person, of the enjoyment or usufruct of the immovable property given, but can not reserve it for himself.

C. C. 1522 (1509); C. N. 949; 11 R. 302; 4 A. 36; 5 A. 433; 11 A. 705; 12 A. 204, 710, 721; 14 A. 710; 15 A. 585.

ART. 1534. [1521.]-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.

C. C. 1520 (1507); C. N. 951; 6 L. 231; 12. L 207.

ART. 1535. [1522.]-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, except, however, the mortgage for the dowry and matrimonial agreements, if the other property of the husband, being the donee, be not sufficient, and only in case the donation was made to him by the same marriage contract which gave rise to such rights and mortgages.

C. C. 1568 (1555); C. N. 952; 10 A. 478.

SECTION 2.

Of the Form of Donations Inter Vivos.

ART. 1536. [1523.]-An act shall be passed before a notary public and two witnesses of every donation inter vivos of immov

able property or incorporeal things, such as rents, credits, rights or actions, under the penalty of nullity.

(Am'd.) C. C. 1501 (1488), 1726 (1719), 1900 (1894), 2273 (2253); C. N. 931; 8 N. S. 126; 2 L. 209; 16 L. 271; 3 R. 78; 12 R. 76; 1 A. 237; 2 A. 724; 14 A. 107, 632; 15 A. 666; 18 A. 114, 148, 150, 151; 22 A. 97, 359; 23 A. 242.

ART. 1537. [1524.]—No feigned delivery of immovables given shall have effect against third persons.

(Am'd.) C. C. 2479 (2455); 11 A. 705; 12 A. 721.

ART. 1538. [1525.]-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.

114.

C. N. 948; 4 N. S. 464; 17 L. 365; 3 R. 78; 6 A. 766; 14 A. 639, 710; 18 A.

ART. 1539. [1526.]-The manual gift, that is, the giving of corporeal movable effects, accompanied by a real delivery, is not subject to any formality.

1 R. 76; 11 A. 467; 19 A. 94; 22 A. 97.

ART. 1540. [1527.]-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 life-time 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.

C. N. 932; 6 L. 231, 245; 13 L. 404; 14 A. 241, 632; 18 A. 114; 22 A. 359. ART. 1541. [1528.]—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.

2 L. 38; 14 A. 107, 241; 17 A. 204, 224.

ART. 1542. [1529.]-If the donee be of full age, the acceptance may be nfade 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.

C. C. 2997 (2966); C. N. 933; 2 L. 335; 6 L. 231; 14 A. 710; 18 A. 148, 151. ART. 1543. [1530.]-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. [1531.]—If the donee die before having accepted, the acceptance can not be made by his heirs, and the donation remains without effect.

ART. 1545. [1532.]-A married woman can not accept a donation without the consent of her husband, and in case of the husband's refusal, without being authorized by the judge, conformably to what is prescribed in the title: Of Husband and Wife.

C. C. 122 (124), 1480 (1467); C. N. 934.

ART. 1546. [1533.]—A donation made to a minor, not emancipated, must be accepted by his tutor.

Nevertheless, the parents of a minor, whether he be or be not emancipated, and the other legitimate ascendants, even in the life-time of the parents, though they be not tutors to the minor, may accept for him.

(Am'd.) C. C. 221 (267); C. N. 935; 6 L. 231, 245; 18 A. 148, 150.

ART. 1547. [1534.]—If a donee, being of full age, be under interdiction, the acceptance is made for him by his curator. C. P. 109, 958; C. N. 936.

ART. 1548. [1535.]-A person deaf and dumb, knowing how to write, may accept for himself or by an attorney in fact.

If he can not write, the acceptance shall be made by a curator appointed by the judge for that purpose.

C. N. 936.

ART. 1549. [1536.]-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.

C. N. 937; 17 L. 46, 312; 2 R. 438; 8 A. 171; 12 A. 301.

ART. 1550. [1537.]-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.

C. N. 938; 15 A. 666; 18 A. 148, 152.

ART. 1551. [1538.]-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. [1539.]-The universal donee is bound to pay tlte debts of the donor, which existed at the time of the donation, but he can discharge himself therefrom by abandoning the property given.

14 A. 241.

ART. 1553. [1540.]-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.

C. C. 1497 (1484), 3273 (3240); C. N. 939. ART. 1554. [1541.]-When the donation comprehends property that may legally be mortgaged, the act of donation, as well