{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:civil:2015:article:1884","workId":"law:eri:code:civil:2015","expressionId":"law:eri:code:civil:2015:en","title":"Definition. Limitation on Gifts Inter Vivos","number":"1884","language":"en","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1884/","hierarchy":{"book":"BOOK VI - SPECIAL CONTRACTS","title":"TITLE I - CONTRACTS RELATING TO THE TRANSFER OF OWNERSHIP AND OTHER RIGHTS","chapter":"Chapter 2. - Gifts","section":null,"paragraph":null},"paragraphs":[{"id":"p1","number":"1","text":"A gift is a contract by which a person, the donor, transfers without compensation his property or assumes an obligation with the intention of gratifying another person, the donee.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1884/#p1","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":530,"url":"https://eriatlas.com/sources/civil-code-2015/page/530/?article=1884&paragraph=p1#article-1884-p1"}]},{"id":"p2","number":"2","text":"Notwithstanding the provisions of sub-Article (1), where the donor has descendants, he may, in case of gifts that take effect during the lifetime of the donor, not make a gift in excess of two-thirds of the total of his property.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1884/#p2","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":531,"url":"https://eriatlas.com/sources/civil-code-2015/page/531/?article=1884&paragraph=p2#article-1884-p2"}]},{"id":"p3","number":"3","text":"A gift exceeding two-thirds of the total property of the donor under the conditions prescribed in sub-Article (2) shall be reduced to that amount by the application of any one of his descendants.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1884/#p3","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":531,"url":"https://eriatlas.com/sources/civil-code-2015/page/531/?article=1884&paragraph=p3#article-1884-p3"}]},{"id":"p4","number":"4","text":"The application for reduction under sub-Article (3) shall be made within two years of the date the gift was made.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1884/#p4","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":531,"url":"https://eriatlas.com/sources/civil-code-2015/page/531/?article=1884&paragraph=p4#article-1884-p4"}]},{"id":"p5","number":"5","text":"An application for reduction made under sub-Article (3) shall be denied if the applicant was unworthy at the time the application was made under the provisions specified in the Book of this Code relating to Succession.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1884/#p5","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":531,"url":"https://eriatlas.com/sources/civil-code-2015/page/531/?article=1884&paragraph=p5#article-1884-p5"}]},{"id":"p6","number":"6","text":"For purposes of this Article, the value of the property shall be that which the property had at the time the gift was made.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1884/#p6","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":531,"url":"https://eriatlas.com/sources/civil-code-2015/page/531/?article=1884&paragraph=p6#article-1884-p6"}]}],"caution":"This is the 2015 English-language edition attributed in its front matter to the Ministry of Justice. Eri Atlas has not independently verified the translation, later changes, or whether the text is currently in force. Nine passages are incomplete in the available scan and are identified where they occur."}