§ 1470 Persons capable of giving or receiving
§ 1471 Capacity to give, time for existence
§ 1472 Capacity to receive, time for existence
§ 1473 Capacity to receive conditional donation, time for existence
§ 1474 Unborn children, capacity to receive
§ 1475 Nullity of donation to person incapable of receiving
§ 1476 Minors; incapacity to make donations, exceptions
§ 1477 Capacity to donate, mental condition of donor
§ 1478 Nullity of donation procured by fraud or duress
§ 1479 Nullity of donation procured through undue influence
§ 1480 Nullity due to fraud, duress, or undue influence; severability of valid provision
§ 1481 Fiduciary appointment, termination
§ 1482 Proof of incapacity to donate
§ 1483 Proof of fraud, duress, or undue influence
§ 1484 Interpretation of revocation or modification
§ 1489 Arts. 1489 to 1491 [Blank]

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Terms Used In Louisiana Codes > Civil Code > BOOK III > Title II > Chapter 2 - Of the Capacity Necessary for Disposing and Receiving by Donation Inter Vivos or Mortis Causa

  • Abuse: means any one of the following acts that seriously endanger the physical, mental, or emotional health, welfare, and safety of the child:

                (a) The infliction, attempted infliction, or, as a result of inadequate supervision, the allowance of the infliction or attempted infliction of physical or mental injury upon the child by a parent or any other person. See Louisiana Children's Code 603

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Child: means a person under eighteen years of age who, prior to juvenile proceedings, has not been judicially emancipated under Civil Code Article 366 or emancipated by marriage under Civil Code Article 367. See Louisiana Children's Code 603
  • Department: means the Department of Children and Family Services. See Louisiana Children's Code 603
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • Foster care: means placement in a foster family home, a relative's home, a residential child caring facility, or other living arrangement approved and supervised by the state for provision of substitute care for a child in the department's custody. See Louisiana Children's Code 603
  • Fraud: Intentional deception resulting in injury to another.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Legacy: A gift of property made by will.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any individual, partnership, association, agency, or corporation, and specifically shall include city, parish, or state law enforcement agencies, and a parish or city school board or a person employed by a parish or city school board. See Louisiana Children's Code 603
  • Relative: means an individual with whom the child has established a significant relationship by blood, adoption, or affinity. See Louisiana Children's Code 603
  • Safety plan: means a plan for the purpose of assuring a child's health, welfare, and safety by imposing conditions for the child to safely remain in the home, or, after a child has been removed from the home, for the continued placement of the child with a custodian and terms for contact between the child and the child's parents or other persons. See Louisiana Children's Code 603
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testator: A male person who leaves a will at death.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.