Short answer. Under Article 738 of the Civil Code, anyone not specially disqualified by law may accept a donation. The rule is permissive by default — capacity to accept is assumed for every person unless a specific legal provision takes it away.
What the law says
Al those who are not specially disqualified by law therefor may accept donations.
Civil Code, Article 738 — Who May Accept Donations. Read the full provision →
The general rule: capacity to accept is the default
Article 738 sets a broad, permissive rule: all persons who are not specially disqualified by law may accept donations. The starting position is that every person has the capacity to be a donee — the law does not require any minimum age, legal capacity to contract, or other general prerequisite for accepting a gift. A minor can accept a donation through their parents or legal representative. An unborn child — conceived but not yet born — may be considered for future donations under related provisions. The only limitation is specific disqualification imposed by law.
What 'specially disqualified by law' means
The phrase specially disqualified by law refers to persons whom specific provisions expressly bar from receiving donations. The Civil Code itself contains some of these disqualifications. For example, persons who are prohibited by law from making a donation to each other — such as spouses during the marriage in certain circumstances, or parties to an adulterous relationship — may also face restrictions on receiving such donations. Guardians, physicians, priests, and others in a position of trust or influence may be disqualified from receiving donations from those they serve or care for, under provisions designed to prevent exploitation. These are specific, enumerated disqualifications, not general restrictions.
Acceptance formalities for those without full capacity
While Article 738 confirms that persons without full legal capacity may receive donations, the manner of acceptance depends on that capacity. A person with full legal capacity accepts in their own name. A minor accepts through a parent, guardian, or legal representative, who must comply with any formality the law requires for the type of donation involved. An incapacitated person likewise accepts through their guardian or representative. Article 738 addresses the question of who may receive a donation — not how the formalities of acceptance are carried out when the recipient cannot act independently.
Why the broad rule matters
A donor who wants to give property to a beneficiary who might be thought unable to accept — a very young child, a person with a disability, a juridical person such as a foundation — should understand that Article 738 removes any general incapacity barrier. The question to ask is not whether the donee has general capacity, but whether any specific provision disqualifies that particular person from receiving this particular donation. If no such specific bar exists, the donation may proceed. This framework keeps donation law accessible and allows resources to be directed to a wide range of beneficiaries without unnecessary legal obstacles.