Case 1 - promises of gifts

Summary

Case

Gaston promised to give a large sum of money (a) to his niece Catherine on her twenty-fifth birthday, (b) to his daughter Clara because she was about to marry, (c) to the United Nations Children's Emergency Fund for famine relief, or (d) to a waitress with a nice smile.

Discussions

FRANCE

In Case 1(a), Gaston's promise to his niece appears to be a gift. One way to make a gift irrevocable in French law is by actual delivery to the donee, but Gaston did not deliver, and, in any case, only gifts of small amounts can be made binding in this way. Consequently, the transaction is governed by art. 931 of the French Civil Code: ‘all transactions which constitute giftsinter vivos must be executed before a notary’, that is, by a notarially authenticated document. Therefore, if the promise is made informally, Gaston will not be bound by it. He would be bound if the gift was made in the legal form by a notarially authenticated document. It would also be necessary for his niece to accept (art. 932 of the Civil Code). If those requirements were met, and then he died before paying the promised sum, his estate will be liable since his heirs inherit the whole of his assets (patrimoine), including contractual debts, pursuant to art.