Civil Code, Article 740 — Incapacity To Succeed Applies

What this article means

The rules on incapacity to succeed by will apply equally to donations inter vivos. A person barred from inheriting under a will is likewise barred from receiving by donation.

The Code elsewhere sets out grounds that disqualify certain persons from receiving property through a will; this article extends those same grounds to gifts made during the donor’s lifetime. Without this rule, someone barred from inheriting under a will could simply receive the identical property as an outright donation instead, defeating the purpose behind the disqualification. By treating incapacity to succeed and incapacity to receive a donation as the same question, the article closes that gap between testamentary and inter vivos transfers.

Questions about this provision

• If a person is disqualified from inheriting by will from the donor, does that disqualification also prevent the person from receiving a donation inter vivos?

Related provisions

• Article 738 — Who May Accept Donations.
• Article 741 — Minors As Donees.

Cases interpreting this article

• Authorities on this article will be added here as each is verified against primary sources.