When the amount the donations inter vivos exceeds or equal the portion which can disposed all the testamentary dispositions shall lapse. When the testamentary dispositions exceed either the portion which can disposed or such part thereof as remains after deducting the amount the donations inter vivos, the reduction shall take place pro rata, without any distinction between the universal and specific legacies. Nevertheless, in all cases when the testator has expressly declared help for writing a thesis statement that intends that a certain legacy best resume writing services 2014 should paid in preference others, this preference shall carried out and the legacy which applies shall only reduced if the amount the others does not complete the legal reserve.
The donee shall. return the revenues what exceeds the portion which can disposed from the day the death the donor, if the action for reduction has been brought within the year if not, from the day the complaint. The real estate recovered owing the reduction shall not encumbered any debts or mortgages created the donee. The action for reduction or restitution can instituted the heirs against third parties holding the real estate which forms part the donations and has been conveyed the donee, in the same manner and in the same order as against the donees themselves, a seizure having previously been made their property. This action shall brought according the order dates the conveyances, beginning with the most recent one.
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Of the Form Donations inter vivos. All instruments containing a donation inter vivos shall executed before notaries in the ordinary form contracts, and the original shall remain with them, or otherwise such instruments shall void.
A donation inter vivos shall not binding upon the donor and shall not produce any effect until the time when has been accepted in express terms.
The acceptance may made during the lifetime the need a thesis statement for research paper donor a subsequent public instrument, which the original where can i find someone to write my college paper shall remain with the notary but then the donation shall not have any effect with respect the donor until the time when notice has been given him the instrument containing such acceptance.
If the donee full age, the acceptance shall made him or in his name the person holding his power attorney giving power accept the donation made or a general power accept donations which have or might This power shall executed before notaries and a certified copy thereof shall annexed the original the donation or the original the acceptance, if made.
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A married woman cannot accept a donation without her husband's consent, or in case refusal the husband, without the permission the Court, in accordance with what stated in articles and, the Title Of Marriage. A donation made a minor who not emancipated, or dissertation writing services an interdicted person, must accepted his guardian, in accordance with article the Title Of Minority, Guardianship, and, Emancipation. An emancipated minor can accept with the assistance Nevertheless, the father and mother the minor, whether emancipated or not, or the other ascendants, even during the lifetime the father and mother, although they are not the guardians or curators the minor, can accept for him. A deaf and dumb person, who knows how write, can accept, either personally or attorney-in-fact. If does not know how write, the acceptance must made a curator appointed for that purpose, in accordance with the rules set down in the Title Of Minority, Cruardianship, and Emancipation. Donations made in favour hospitals the poor a county, or institutions public use, can accepted the administrators these counties or institutions, after having been duly authorized. A donation duly accepted shall complete the sole consent the parties the ownership the things given shall transferred the donee without any delivery being necessary. When a donation made property which can mortgaged, the transcription the deeds containing the donation and the acceptance and notice acceptance which might have taken place a separate instrument, shall made at the bureau mortgages in the District where the property situated. Such transcription shall take place at the requisition the husband when the property has been given his wife, and custom essays for cheap if the husband does not fulfil this formality, the wife can have fulfilled without his consent. When a donation made minors, interdicted persons or public institutions, the transcription shall take place at the requisition the guardians, curators special education needs dissertation or administrators. Failure make the transcription can set all persons having an interest in doing, excepting, however, those who have charge having the transcription made, or their representatives, and the donor. Minors, interdicted persons, married women, shall not reinstated in case want acceptance or omission make the transcription, but they have their remedy against their guardians or husbands, if necessary, and they shall not reinstated, even if the said guardians or husbands were insolvent.
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