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Section V   The Prohibition To Alienate

Revised Laws of Saint Lucia (2021)

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Section V   The Prohibition To Alienate

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    903.   The prohibition to alienate contained in a deed may, in certain cases, be connected with a substitution, or may even constitute one.

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    It may also be made for other motives than that of substitution.

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    It may be stated in express terms, or may result from the conditions and circumstances of the act.

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    It includes the prohibition to hypothecate.

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    In gifts inter vivos the undertaking by the donee not to alienate has the same effects as the prohibition by the donor.

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    904.   The cause or consideration of the prohibition to alienate, may be the interest either of the party disposing, or of the party receiving, or it may be that of the substitutes, or of third parties.

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    905.   The prohibition to alienate things sold or conveyed by purely onerous title is void.

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    906.   The prohibition to alienate may be simply confirmatory of a substitution.

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    It may constitute one, although express terms be not used, according to the rules hereinafter laid down.

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    907.   Although the motive of the prohibition to alienate be not expressed, and it be not declared under pain of nullity or some other penalty, the intention of the party disposing suffices to give it effect, unless the expressions are evidently within the limits of mere advice.

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    When the prohibition is not made for another motive, it is interpreted as establishing in favour of the party disposing and his or her heirs a right to receive back the property.

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    908.   If the prohibition to alienate be made in favour of persons who are designated, or who may be ascertained, and who are to receive the property after the donee, the heir, or the legatee, a substitution is created in favour of such persons, although it be not in express terms.

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    909.   When the prohibition to alienate extends to several degrees, and is at the same time interpreted as implying a substitution, those to whom the prohibition successively applies after the first who receives, become substitutes in turn, as if they were the subject of express dispositions.

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    910.   The prohibition to alienate may be confined to acts inter vivos, or to acts in contemplation of death, or may extend to both, or may be otherwise modified according to the will of the party disposing. Its extent is determined according to the object which the party disposing had in view, and the other attending circumstances.

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    If there be no limitation, the prohibition is deemed to cover acts of every description.

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    911.   The simple prohibition to dispose of property by will, without other condition or indication, implies a substitution in favour of the natural heirs of the donee, or of the heir or legatee, for so much of the property as may remain at the death of such donee, heir, or legatee.

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    912.   The prohibition to alienate out of the family, either of the party disposing or of the party receiving, or out of any other family, does not, in the absence of expressions denoting continuance, extend to others than those to whom it is addressed. The persons belonging to the family who take after them are not subject to it.

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    If the prohibition be addressed to no person in particular, it is deemed, in the absence of such expressions, to apply only to the person first benefited.

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    Substitutions made in a family are in all cases interpreted according to the same rules.

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    913.   The prohibition to alienate out of the family, when no dispositions require the following of the legitimate order of succession, or any other order, does not prevent the alienation, by gratuitous or onerous title, made in favour of the more distant members of the family.

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    914.   The term family, when it is not limited, applies to all the relatives in the direct line, and all in the collateral line within the twelfth degree.

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    915.   In the prohibition to alienate, as in substitutions, and in gifts and legacies in general, the terms children or grandchildren, made use of without qualification either in the disposition or in the condition, apply to all the descendants, with or without the effect of extending to more than one degree according to the terms of the act.

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    916.   Prohibitions to alienate, although not accompanied by substitution, must be registered, even as regards movable property, in the same manner as substitutions themselves.

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    The person thus prohibited and his tutor or curator, are bound to effect such registration. (Amended by Act 34 of 1956)

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