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Section III   The effect of gifts

Revised Laws of Saint Lucia (2021)

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Section III   The effect of gifts

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    736.   Gifts inter vivos of present property when they are accepted, divest the donor of and vest the donee with the ownership of the thing given, as in sale, without any delivery being necessary. But to affect the rights of third parties in the case of movables, either delivery must be made or, in the case of immovables, the deed of gift must be registered.

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    737.   Gifts do not by the mere effect of law give rise to any obligation of warranty on the part of the donor, who is deemed to give the thing only in so far as it belongs to him or her.

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    Nevertheless if the cause of eviction arise from the indebtedness or the act of the donor, he or she is obliged, though he or she has acted in good faith, to reimburse the donee who has paid to free himself or herself; unless the latter be bound to make such payment in virtue of the deed of gift, either by law or by agreement.

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    Warranty to a greater or less extent may be specially attached to gifts.

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    738.   A universal donee inter vivos of present property is personally liable for all the debts due by the donor at the time of the gift.

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    A donee by general title inter vivos of such property is personally liable for such debts in proportion to what he or she receives.

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    739.   Nevertheless the donee, by whatsoever title, may, if the things given be sufficiently particularised in the gift, or if he or she has made an inventory, free himself or herself from the debts of the donor by rendering an account and giving up all that he or she has received.

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    740.   A donee by particular title inter vivos is not personally liable for the debts of the donor.

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    A donee, whether by general or particular title, if sued only in respect of an hypothecated immovable, may, like any other possessor free himself or herself by abandoning it, without prejudice to the rights of the donor towards whom he or she may be bound to make payment.

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    741.   The obligation to pay the debts of the donor may be extended or limited by the deed of gift, subject to the legal prohibitions concerning future and uncertain debts.

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    The right of the creditor in such case against the donee personally, beyond that which results from the law, is governed by the rules set forth as to delegation and indication in matters of payment in the Book respecting Obligations.

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    742.   The exception of particular things, whatever may be their number or value, in a universal gift or a gift by general title, does not exonerate the donee from payment of the debts.

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    743.   The creditors of the donor have a right to demand the separation of his property from that of the donee, whenever the latter is liable for the debt, according to the rules laid down in the preceding title as to such separations in matters of succession.

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    744.   If at the time of the gift, and deduction being made of its value, the donor was insolvent, the previous creditors of the donor may obtain the revocation of the gift, even though the insolvency were unknown to the donee.

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    Gifts by bankrupts are treated in the Commercial Code. (Amended by Act 34 of 1956)

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