Comment by Laurie Dearman Clark
Act No. 363, passed by the Louisiana Legislature in 1991, extensively revises a chapter of the Civil Code that has been undergoing piecemeal revision since 1978. The Act amends and reenacts Chapter 2 of Title II of Book III of the Civil Code, previously consisting of articles 1470 through 1492, to consist of articles 1470 through 1483. These articles govern the capacity for making and receiving donations inter vivos (between living persons) and mortis causa (in prospect of death). The revision clarifies, and in some instances dramatically changes, the law as reflected in the earlier code articles and jurisprudence. This Comment will examine these new code articles and juxtapose them against the Code of 1870's provisions on donative capacity. Particular emphasis is placed on the sources, methodology, and likely impact of the recently revised articles on the number of contested donations in the future.
About the Author
Laurie Dearman Clark.
Citation
67 Tul. L. Rev. 183 (1992)