CHAPTER VI

NULLITY OF A WILL OR OF A CLAUSE IN A WILL

 

Section 1700.- Subject to the provisions of this Chapter, a person may, be and act producing effect during lifetime or after death, dispose of any property under a stipulation that such property shal be inalienable by the beneficiary under such disposition, provided that the stipulator appoints some person, other than the beneficiary under such disposition, who shall become absolutely entitled to such property in case of violation of the inalienability clause.

The person so appointed must be capable or rights at the time when the act disposing of such property takes effect.

If there is no such appointment, the inalienability clause shall be deemed non-existent.

 

Section 1701.- The inalienability clause stipulated under the foregoing section may be either for a period of time or for the life of the beneficiary.

If no period has been fixed, the period of inalienability shall be deemed to last for the life of the beneficiary if the beneficiary is a natural person or for thirty years if the beneficiary is a juristic person.

If the period of inalienability is specified, such period cannot exceed thirty years ; if a longer period is specified, it shall be reduced to thirty years.

 

Section 1702.- Anu inalienability clause concerning movable property whose ownership is not subject to registration shall be deemed non-existent.

No inalienability clause concerning immovable property or any real right appertaining thereto is complete unless it is made in writing and registered by the competent official.

The provisions of the foregoing paragraph apply as regards to ships or vessels of five tons and over, floating houses and beasts of burden.

 

Section 1703.- A will made by a person who has not completed his fifteenth year of age is void.

 

Section 1704.-  A will made by a person adjudged incompetent is void.

A will made by a person who is alleged to be of unsound mind but not adjudged incompetent may be annulled only if it is proved that at the time of making the will the testator was actually of unsound mind.

 

Section 1705.- A will or a clause in a will is void if it is contrary to the provisions of Sections 1652, 1653, 1656, 1657, 1658, 1660, 1661 or 1663.

 

Section 1706.- A testamentary disposition is void :

                  (1) If it appoints a legatee upon the condition that the latter shall dispose also by will of his own property in favour of the testator or of a third person ;

                  (2) If it refers to a person whose identity cannot be ascertained ; however, a legacy under a particular title may be made in favour of a person to be chosen by a certain person out of several other persons or out of any group of persons specified by the testator ;

                  (3) If the property bequeathed is so insufficiently described that it cannot be ascertained or if the amount of a legacy is left to the discretion of a certain person.