Short answer. Yes. Article 740 of the Civil Code expressly applies testamentary incapacity to donations inter vivos. If the law bars a person from inheriting by will from the donor, that same bar prevents them from receiving a donation made during the donor's lifetime. The two rules are linked by express statutory command.
What the law says
Incapacity to succeed by will shall be applicable to donations inter vivos.
Civil Code, Article 740 — Incapacity To Succeed Applies. Read the full provision →
What testamentary incapacity means
The Civil Code identifies specific persons who are incapable of receiving from a particular testator by will — not because they lack legal capacity in general, but because of their relationship to the donor or to the process of making the will. A priest who heard the donor's last confession, for example, or an heir who was a witness to the will may be disqualified from taking under it. These incapacities exist to protect the integrity of testamentary dispositions and prevent undue influence.
Why the bar extends to inter vivos donations
A donation inter vivos is a gift made by a living donor and taking effect immediately, as opposed to a donation mortis causa which takes effect only upon death. The reason Article 740 carries testamentary incapacity over to inter vivos donations is that the law's concern — preventing exploitation or undue influence over a person's property-transfer decisions — applies equally to gifts made during life. Without this rule, a disqualified person could simply receive the gift during the donor's lifetime and circumvent the incapacity rules.
Who is disqualified — and under what conditions
The Civil Code's rules on testamentary incapacity identify specific persons and relationships. The disqualification depends on the facts: the identity of the disqualified person, their relationship to the donor, and when the disqualifying relationship arose relative to the donation. Not every disqualification applies in every situation. If you are uncertain whether a particular person is barred from receiving a donation from a specific donor, the analysis requires examining the applicable testamentary incapacity rules carefully before the donation is made.
Practical implications
If a donation is made to a person who is incapacitated to receive it, the donation is void — not merely voidable. It cannot be ratified by subsequent events. A donor who proceeds despite the incapacity, or who is not aware of it, creates a donation that has no legal effect. For families dealing with an elderly relative's estate planning, or where a caregiver, religious adviser, or other person is positioned to receive gifts, understanding these incapacity rules before any deed is signed can prevent serious disputes later.