Short answer. Yes. Article 750 of the Civil Code allows a donor to give away all present property, but only if sufficient means are reserved for the support of himself and relatives legally entitled to be supported by him. Without that reservation, the donation can be reduced at the petition of any person affected.
What the law says
The donation may comprehend all the present property of the donor, or part thereof, provided he reserves, in full ownership or in usufruct, sufficient means for the support of himself, and of all relatives who, at the time of the acceptance of the donation, are by law entitled to be supported by the donor. Without such reservation, the donation shall be reduced in petition of any person affected.
Civil Code, Article 750 — Giving Away Everything You Own. Read the full provision →
The rule: generous but not unlimited
Article 750 of the Civil Code permits a donor to give away all present property, or any part of it. Generosity of that scale is allowed. But the permission comes with a condition: "provided he reserves, in full ownership or in usufruct, sufficient means for the support of himself, and of all relatives who, at the time of the acceptance of the donation, are by law entitled to be supported by the donor." A donor who gives away their only house and is left with nothing for support — and whose dependents are left with nothing either — has violated this condition.
Who can petition for reduction
Article 750 says the donation shall be reduced "in petition of any person affected." This is a broad class. The donor himself can seek reduction if he is left destitute. More commonly, relatives legally entitled to be supported by the donor — those with a right to receive support under the Civil Code — may petition if the donation left them without the means they are owed. Adult children who are not compulsory heirs might not qualify, but minor children, a dependent spouse, and parents or grandparents in need may each have standing to bring the petition, depending on the facts.
The reservation may be in usufruct
Article 750 expressly allows the reservation to take the form of a usufruct rather than full ownership. A donor who gives away a house but retains the right to live in it for life has made a valid reservation of support means through usufruct. The question is whether that usufruct actually provides sufficient means — if the house was the only asset and the usufruct income or use value is not enough to cover the donor's and dependents' needs, the reservation may still be inadequate. The test is sufficiency in practice, not merely whether a reservation exists on paper.
How reduction works
Reduction of a donation under Article 750 does not void the entire donation. It reduces it only to the extent needed to restore adequate support means. If the donated property can be partially returned — or if its value can be applied to support the affected persons — that is the remedy. A donation of the only family home with no other assets may face significant reduction if it left the donor or legally dependent relatives without support. Because the remedy and its scope depend on a full accounting of the donor's circumstances at the time of donation, determining what reduction is appropriate usually requires careful analysis of the facts.