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Donations & Trusts Outline (DIV LEGAL CONCEPTS (Revocation DIV…
Donations & Trusts Outline
Definition Section
DONATION DEF: A GRAT/PREDOM GRAT JURIDICAL ACT DISPOSING OF A THING
Important: Different rules for each thing
Rules for Formation (DIV & DMC)
Consent
Info:
Real Consent
Free Consent
Proof of vitiated consent
List of vices
Error
Fraud
Durress
Undue Influence
Effect of vitiated consent
Cause
Capacity
Capacity to RECEIVE
RULE: Have to be ALIVE
Exception
Timing of existence
DIV = @ acceptance
DMC @ donor death
Effect of Incapacity
Capacity to GIVE
Scope
When Capacity must exist to make donation
DIV
DMC
Effect of incapacity to give
Rules
Inability to understand
Interdiction
Age
Presumption of capacity = everyone has it
Object
DIV LEGAL CONCEPTS
Threshold
Requirements
Offer Requirements
Substance
Form
Rule
Exception
Corporeal Movable
Stock
Neg instrument
Acceptance
Who can accept
Form of acceptance
Time of Effectivity of DIV
Limitations on DIV
Revocation DIV
Standing to assert revocation and prescriptive period
Effect of revocation
Causes of revocation
Dissolution of Donation
Rx
Effect of dissolution
Cause
DMC LEGAL CONCEPTS
Note
Intent for FORMATION
FORM REQ
Req for Specific types of testaments
Olographic testament
Notarial testament
Sanction for violation of form req
Req for ALL TESTAMENTS
Legacies
Classification of legatees
Lapse of legacies
Extinction of legacies
Interpretation of legacies
LIMITATIONS ON DONATIVE POWER
1: Donor Donations can't exceed FP
Donor can't place certain conditions on donations
Certain substitutions by the donor are prohibited