When

When made donation at time when no children 1. Donor had legitimate/illegitimate/legitim ated children AFTER THE DONATION 2. Child believed by Donor to be dead reappeared and is in fact alive 3. Donor adopts a MINOR child AFTER the donation

Donee fails to comply with condition of the donation There is a condition for the validity of the donation, and the condition was not complied with

Who files for revocation/reduction

DONOR files action for reduction/revocation

DONOR Heirs of donors

Acts of Ingratitude on part of Donee (1) If the donee should commit some offense against the person, the honor or the property of the donor, or of his wife or children under his parental authority; (2) If the donee imputes to the donor any criminal offense, or any act involving moral turpitude, even though he should prove it, unless the crime or the act has been committed against the donee himself, his wife or children under his authority; (3) If he unduly refuses him support when the donee is legally or morally bound to give support to the donor. DONOR ONLY

Inofficious donations Donations in excess of what a donor may give by will

Can it be transmitted to their heirs? Effects On the property donated

Yes, to legitimate and illegitimate children and ascendants

YES, and can even be claimed against the heirs of the donee

NO

ONLY those who at the time of Donors death have a right to the legitime and their heirs and successors (note: the creditors cannot ask for reduction. They can ask for Rescission of contract or for the payment of the debt by the done) Yes, heirs of those who have right to the legitime at time of donors death Reduce the value of the donation based on the estimated net value of the donors property at the time

Return only up to the portion that exceeds that which may be freely disposed by will (based on the whole estate of the donor at the time of

Returned in whole

Revoked the whole property

On encumbrance

birth, appearance , or adoption of the child and not based on the estate at time of death of donor!) Or Return value of the property in excess of the free portion Donor may redeem the mortgage, then recover from the donee

of his death

Void

If cannot recover property after encumbrance

Pay value of property at time of donation

Return value of property?

On fruits Prescriptive period

Return fruits from filing of complaint 4 years from ...birth of first child ...legitimation/recognition/adoption ...judicial declaration of filiation ...time information of existence of child believed to be dead received

Return fruits from noncompliance 4 years from noncompliance with condition

If made before notation of complaint for revocation: SUBSISTS... If made after notation: VOID On alienations allowed to subsists: donor can demand from done the value of the property which cannot be recovered from 3P or sum for which the same was mortgaged (based on value at time of donation) Return fruits from filing of complaint 1 year after donor had knowledge of fact of ingratitude and its possible to bring action

See succession

Return fruits from filing of complaint Any time during lifetime of donor and his relatives entitled to support, in cases of failure to reserve; For inofficious donations which impair legitime: 10 years from death of donor