Short answer. No. Article 739 voids a donation made between persons who were guilty of adultery or concubinage at the time of the donation. The spouse of the donor or donee can bring an action to have it declared void, and the guilt needed to void the donation only has to be proven by preponderance of evidence.
What the law says
Those made between persons who were guilty of adultery or concubinage at the time of the donation
Civil Code, Article 739 — Donations That Are Void. Read the full provision →
What the law says
Those made between persons found guilty of the same criminal offense, in consideration thereof
Civil Code, Article 739 — Donations That Are Void. Read the full provision →
What the law says
Those made to a public officer or his wife, descendants and ascendants, by reason of his office.
Civil Code, Article 739 — Donations That Are Void. Read the full provision →
What the law says
In the case referred to in No. 1, the action for declaration of nullity may be brought by the spouse of the donor or donee; and the guilt of the donor and donee may be proved by preponderance of evidence in the same action.
Civil Code, Article 739 — Donations That Are Void. Read the full provision →
Donations between persons guilty of adultery or concubinage
Article 739's first category answers your question directly: those made between persons who were guilty of adultery or concubinage at the time of the donation are void. The timing matters — the guilt has to exist at the time the donation itself was made, tying the invalidity to the relationship between the donor and donee at that specific moment rather than to conduct before or after.
Two other situations the same article voids
Article 739 does not stop at adultery and concubinage. It also voids those made between persons found guilty of the same criminal offense, in consideration thereof — a donation given as a reward or inducement connected to a crime both parties committed together — and those made to a public officer or his wife, descendants and ascendants, by reason of his office, which targets donations that are really disguised favors tied to someone's public position.
Who can sue, and what standard of proof applies
For the adultery-or-concubinage ground specifically, Article 739 says the action for declaration of nullity may be brought by the spouse of the donor or donee. That spouse does not need proof beyond reasonable doubt the way a criminal case for adultery or concubinage would require — the article specifies that the guilt of the donor and donee may be proved by preponderance of evidence in the same action, a lower civil standard applied within the nullity case itself.
What this means practically for a donation you're questioning
If a donation was made while the donor and donee were engaged in an adulterous or concubinage relationship, the donation is void under Article 739 regardless of whether either party was ever criminally convicted of adultery or concubinage. The spouse harmed by that relationship has standing to bring a civil action seeking a declaration of nullity, and within that same proceeding can establish the guilt needed to void the donation using the ordinary preponderance-of-evidence standard rather than the stricter proof a separate criminal case would demand.