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Cap. 16 · Civil Code (Cap. 16)

Cap. 16 Art. 1344Gratuitous alienations.

Sub-title V

In forceOfficial text

(1) Where the system of community of residue under separate administration operates between the spouses, a spouse may not transfer inter vivos any of his assets under gratuitous title except with the consent of the other spouse.

(2) Sub-article (1) of this article shall not apply to donations of moderate value regard being had to the condition of the parties and all other circumstances.

(3) An action for annulment of an act of alienation under gratuitous title may only be instituted by the spouse whose consent was required and within the peremptory term of three years from -

(a) the date when such spouse became aware of the act, or

(b) the date of registration, when such act is registerable, or

(c) the date of termination of the community of residue under separate administration, whichever is the earliest.