Frequently asked questions about Donation

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I am the beneficiary of a spousal gift in which my late husband granted me the usufruct of his entire estate. Can I choose to take only the usufruct over our main residence and not over the entire estate?

As a reminder: A spousal gift (donation entre époux) is a notarised deed intended to maximise the rights of the surviving spouse without disinheriting the children (Article 1094-1 of the French Civil Code). Yes. Provided there is no prohibition stated in the spousal gift and as long as a statutory…
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Can a minor receive a gift?

Yes. A minor may receive a gift, but as they are legally incapable (Article 414 of the Civil Code), a legal representative (usually a parent) must on their behalf (Articles 935 and 382 of the Civil Code).
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My grandfather gave me a piece of land. The deed of gift contains an inalienability clause valid until his death. I need to borrow money from a bank. Can the latter register a mortgage on my land?

Yes . If the inalienability clause has the effect of prohibiting you from selling or giving away the property you have received, it is always possible for your creditors to take out a mortgage registration on the property given (Civ. 1e, Oct. 9, 1985, n°84-13.306 concerning a judicial mortgage and…
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