A donation is generally an act of liberality, but the Civil Code recognizes that donations can carry burdens or be made for various motives, and it classifies them accordingly, which matters because different rules apply. A simple (or pure) donation is one made purely out of the donor's generosity, with no burden, charge, or condition imposed on the donee; it is a pure act of liberality. A remuneratory (or compensatory) donation is one made to reward or compensate the donee for past services or merits that do not constitute a demandable debt, or to reward the donee for services rendered; it is still substantially gratuitous. A modal donation is one that imposes on the donee a burden, charge, or condition less than the value of the thing donated, such as a donation of land with the obligation to build a chapel on part of it. An onerous donation is one made for a valuable consideration, where the burden imposed on the donee is equal to or more than the value of the thing donated, so it is not really a donation in the strict sense but is treated as an onerous contract. The classification matters because the rules on donations (such as the formalities, the limits, and the grounds for revocation) apply fully to the gratuitous portion of a donation, but donations that are onerous, or the onerous portion of a modal donation, are governed by the rules on contracts (obligations) rather than the rules on donations. So a donation may be simple, remuneratory, modal, or onerous, and the extent to which the rules on donations versus the rules on contracts apply depends on whether and how much of a burden the donation carries.
Donations Are Not All Pure Gifts
A donation is generally an act of liberality, but donations can carry burdens or motives, and the Civil Code classifies them because different rules apply.
The Kinds
- Simple/pure — pure generosity, no burden;
- Remuneratory — to reward past services or merits not amounting to a demandable debt;
- Modal — imposes a burden less than the value of the thing (e.g., build a chapel); and
- Onerous — a burden equal to or more than the value, treated as an onerous contract.
Which Rules Apply
The rules on donations (formalities, limits, revocation) apply fully to the gratuitous portion. Onerous donations, or the onerous part of a modal donation, are governed by the rules on contracts instead.
Practical Takeaways
- Donations may be simple, remuneratory, modal, or onerous;
- The burden determines whether donation or contract rules apply;
- Onerous donations follow contract rules, not donation rules.
Frequently Asked Questions
What are the kinds of donations? Simple or pure (out of pure generosity), remuneratory (to reward past services or merits), modal (imposing a burden less than the value of the thing), and onerous (a burden equal to or more than the value of the thing donated).
What is an onerous donation? One made for a valuable consideration, where the burden imposed on the donee is equal to or more than the value of the thing donated. It is treated as an onerous contract rather than a donation in the strict sense.
Why does the classification of a donation matter? Because the rules on donations, such as the formalities and grounds for revocation, apply fully to the gratuitous portion, while onerous donations or the onerous portion of a modal donation are governed by the rules on contracts.
What is a modal donation? One that imposes on the donee a burden, charge, or condition that is less than the value of the thing donated, such as a donation of land with the obligation to build something on part of it.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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