Revised Laws of Saint Lucia (2021)

Section V   The Revocation of gifts

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    751.   Gifts inter vivos accepted are liable to be revoked:

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      1.     By reason of ingratitude on the part of the donee;

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      2.     By means of the resolutive condition, in cases where it may be validly stipulated;

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      3.     For the other causes by which a contract may be annulled, unless some particular exception is applicable.

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    752.   A gift is not revoked by the subsequent birth of a child to the donor unless a condition to that effect is attached.

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    753.   Ingratitude on the part of a donee justifying revocation of a gift consists in—

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      1.     Ill-usage of donor, grievous injury done to him or her, or crime committed against him or her.

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      2.     Refusal to maintain donor, regard being had to the nature of the gift and the circumstances of the parties.

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    A gift by contract of marriage is subject to this revocation, as also is an onerous gift, in so far as it exceeds the value of the charges upon it.

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    754.   The demand of revocation on the ground of ingratitude must be made within a year from the date of the offence imputed to the donee, or within a year from the day when such offence became known to the donor.

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    Such revocation cannot be demanded by the donor against the heirs of the donee, nor by the heirs of the donor against the donee or his or her heirs, unless the action has been commenced by the donor against the donee himself or herself, or unless, in the second case, the donor died within a year after the offence was committed or became known to him or her.

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    755.   Revocation on the ground of ingratitude does not prejudice alienations made by the donee, nor hypothecs or other charges created by him or her, previously to the registration of the judgment of revocation, when the purchaser or creditor has acted in good faith.

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    In a case of revocation, on the ground of ingratitude the donee is condemned to restore the thing given, if it be still in his or her possession, together with its fruits from the date of the judicial demand. If he or she has alienated it, he or she is condemned to restore its value at the time of alienation.

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    756.   A gift cannot be revoked by reason of the non-fulfilment of an obligation attached to it, unless the revocation is stipulated in the deed; and such revocation is subject in all respects to the same rules as the rescission of sale in default of payment of price.

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    All other resolutive conditions have effect in respect of gifts as in case of contracts.