Short answer. Yes. Article 747 of the Civil Code requires persons who accept donations in representation of others to comply with the same notification and notation requirements that apply to direct acceptances. Accepting through a representative does not waive or eliminate those formalities — the representative steps fully into the donee's formal obligations.
What the law says
Persons who accept donations in representation of others who may not do so by themselves, shall be obliged to make the notification and notation of which article 749 speaks.
Civil Code, Article 747 — Duty Of Representative Accepting. Read the full provision →
The representative inherits the formal duties
Article 747 of the Civil Code addresses acceptance by a representative: Persons who accept donations in representation of others who may not do so by themselves, shall be obliged to make the notification and notation of which article 749 speaks. When a minor, an incompetent, or any person incapable of directly accepting a donation has a parent, guardian, or other legal representative accept on their behalf, that representative must carry out the same notification and notation formalities required of any donee. The act of accepting through a representative does not reduce the formal requirements — the representative shoulders those obligations as if they were the donee.
What notification and notation under Article 749 require
Article 749 deals with the donation of immovable property. For a donation of immovable property to be valid, the donation must be in a public document specifying the property and any charges the donee must satisfy. The acceptance may appear in the same deed or in a separate public document — but it must happen during the donor's lifetime to take effect. When the acceptance is in a separate instrument, the article requires two steps: the donor must be notified of the acceptance in an authentic form, and this notification must be noted in both the deed of donation and the acceptance instrument. Article 747 requires a representative accepting on behalf of another to fulfill both of these steps.
Why these formalities matter
The notification and notation requirements serve important protective and evidentiary functions. The donor must know the donation has been accepted during their lifetime — this is not merely a courtesy but a legal requirement for the donation to take legal effect. Without notification, the donor might not know the donation is completed and might act inconsistently with having made a binding gift. The notation in both instruments creates a paper trail that confirms the donation's perfection. These purposes are just as important when the donee acts through a representative, so Article 747 ensures no reduction in formality in that scenario.
Practical steps for a representative
If you are accepting a donation of immovable property as a representative — as a parent accepting for a minor child, or as a guardian accepting for an incapacitated person — you must ensure that the donor is notified of the acceptance in authentic form, meaning the notification itself must meet formal requirements rather than being a casual verbal or informal written notice. You must also ensure that the fact of notification is noted in both the deed of donation and the separate acceptance instrument. Completing both steps is essential to the donation's validity. Failure to notify or to note the notification properly may leave the donation's perfection in doubt.