A relative verbally promised to give us property because we were getting married — is that promise enforceable?

This promise falls under the Statute of Frauds

Article 1403 lists the contracts that are unenforceable, unless they are ratified, and among them are agreements caught by the Statute of Frauds. One item on that list is an agreement made in consideration of marriage, other than a mutual promise to marry. A relative's promise to give you property because you are marrying is exactly that kind of agreement — a promise whose consideration is the marriage. The Code requires such an agreement, or some note or memorandum of it, to be in writing, and subscribed by the party charged. A spoken promise, however sincere, does not meet that requirement.

Unenforceable is not the same as void

An unenforceable contract is not a nullity — it simply cannot be enforced by court action while the defect remains. The article says these contracts bind unless they are ratified, and it also provides that evidence of the agreement cannot be received without the writing. So if your relative willingly performs the promise, that is valid and cannot be undone for lack of a writing. The problem arises only when he refuses and you need a court to compel him: without the writing, the court cannot receive proof of the promise, and the claim fails on that ground alone.

How such a promise can still become enforceable

There are routes out of unenforceability. The clearest is a writing: a signed note or memorandum of the promise, made by the relative or his agent, satisfies the statute. Ratification is another — if the party charged accepts the benefits of the agreement or fails to object to evidence of it at the proper time, the defect can be cured. What you cannot do is substitute the sincerity of a spoken promise, or the number of people who heard it, for the writing the law demands. The requirement is about the form of the proof, not about whether people believe you.

A promise to marry is different

Note the carve-out in the text: the rule covers agreements in consideration of marriage other than a mutual promise to marry. A bare mutual promise to marry is treated separately and is not swept into this writing requirement. The provision here is aimed at the property side — settlements and gifts promised because a marriage is to take place. So if what you are trying to enforce is the transfer of property that was promised on account of the wedding, and nothing was written down, Article 1403 is the obstacle, and putting the promise in a signed writing is the remedy.

Related provisions

• Civil Code, Article 1403 — Unenforceable Contracts and the Statute of Frauds