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FORMATION RULES (DIV & DMC) (Object (the thing) (Conditional…
FORMATION RULES (DIV & DMC)
Capacity
Capacity to RECEIVE
RULE: To receive donation you must EXIST
GR: Must be ALIVE
Exceptions:
Unborn children
Posthumously conceived child
Married, decedent authorizes, writing, use of husbands gametes, child conceived after death, child born w/in 3 years of death
Timing of existence for capacity
DIV
@ time donee accepts
DMC
@ donor/testators death
Effect of incapacity to RECEIVE = REL NULL
Capacity to GIVE
When must capacity exist to make a donation?
DIV @ time donation MADE
DMC @ time TESTAMENT WRITTEN
Effect of incapacity to receive = REL NULL
Scope
Also apply to revoking DMC
RULES (CHECK OUT CHART)
Age
Inability to understand
Interdiction
Full
Limited
Presumption of capacity
RULE: Everyone has capacity to give/receive
Consent
Real Consent
DIV (O + A)
DMC (RC is action of donor)
Free Consent (NO VICES)
Proof of vitiated consent FOR ALL VICES
LIST OF VICES
Fraud
Durress
Error
Undue Influence
Effect of Vitiated Consent
General Info
Object (the thing)
Can't donate FUTURE PROPERTY/THINGS
Object of the donation can have a condition attached
Rules
Conditional obligation
Resolutory
Misc
Suspensive
Cause
Reason you obligate yourself
Must be lawful