VI. Concerning Property Donated Verbally, or Conveyed by Instruments in Writing.

Any property given away in the presence of witnesses can under no circumstances be reclaimed by the donor. And even if it should happen that what is given is situated elsewhere, the donation cannot, for that reason, be revoked, provided it is made in writing; because it is evident that the gift is absolute, when the instrument conveying it is in the name of, and for the benefit of him who receives it. It, however, must be noted, that if the donor should say that he neither delivered such an instrument nor directed it to be delivered, but that it was taken from him; then the party to whom the property was given may prove by witnesses that it was transferred to him, or directed to be so transferred by the donor, or placed under his control by the will of the testator; and, when he shall have produced such testimony, the gift shall be deemed valid. Where he neglects to introduce competent testimony, he who executed the instrument shall make oath that he neither delivered it, nor directed it to be delivered, nor that he voluntarily executed it; and the instrument shall then be returned to him by whom it was claimed, and shall remain invalid, if the latter so desires. But it is proper to add, that if anyone should execute an instrument disposing of any property for the benefit of any one whomsoever, and, in his lifetime, should not deliver it to him for whose benefit it was made, and it should be found after the death of the former; he for whose benefit the donor has made disposition of said property, shall have the right to claim it, along with all the property therein described; for it is evidently just that a document which the donor, while living, preserved, and which never appeared to be altered in any way, should have full force in law. If, however, the donor while living did not relinquish possession of either the instrument or the property, but kept them, and made other dispositions in his will, the latter shall be valid; because a will always takes precedence in law of documents previously executed, but not delivered. If he to whom the property was given should die before receiving it it shall belong to the donor or to his heirs. And where the gift should be made under this condition, to wit, that the donor should have possession of it during his lifetime, and that, after his death, it should go to him for whom he intended it, he shall have the privilege of changing his mind when he wishes, even though he should have suffered no injury; because the case is similar to that of the execution of a will. But if he who is deceived by a fraudulent gift, and with the expectation of profiting by an empty promise, shall expend anything for the benefit of the donor, he shall be entitled to receive from the donor himself, or from his heirs, compensation in damages for any loss he may have sustained on that account. And if anyone should choose to give away any property he has received, either by ordinary gift or by the authority of any written document, the party to whom he gives it shall have the same right to it as the original donor. If he who received the gift should die during the life of the donor, he shall have the right to dispose of said gift at his pleasure; and should he die intestate, the gift shall not revert to the donor, but shall descend to the heirs of him who received it.

VII. Concerning Gifts Bestowed upon One Another by Husband and Wife.

If a husband should give any property to his wife, he must describe it in a written instrument and affix his signature or seal thereto. And, in order that his gift may be valid, it is necessary that two or three freeborn witnesses should attest the document. This law shall also apply to a wife who wishes to confer any gift upon her husband, provided the gift was not extorted by the husband through violence; to the end that the provisions of the law relating to the disposition of property may be, in every respect, preserved.

TITLE III. CONCERNING THE GIFTS OF PATRONS.

I.Where Anyone who has been Placed under the Control of Another, or of the Son of that Person, Deserts either his Patron, or the Children of the Latter.
II.Concerning Arms given to Bailiffs who have been Appointed for the Defence of Anyone, and the Acquisitions of said Bailiffs.
III.Concerning Property Acquired through the Appointment of a Patron, or which has been Donated by Him.
IV.Concerning Property Accepted and Acquired through the Office of Patron.

I. Where Anyone who has been Placed under the Control of Another, or of the Son of that Person, Deserts either his Patron, or the Children of the Latter.

Where anyone, having a client under his protection, gives him arms or anything else, such gifts shall be the absolute property of the client. If the latter should desire to select another patron, he shall have full authority to do so, for one cannot restrain a freeborn man because he happens to be under his control; but, in such a case, everything to which the patron is entitled shall be given to him. The same rule shall apply to the children of a patron as well as to those of him who was under his protection; and the former shall have a right to any donations that have been given to the latter. Where a client abandons his patron without the latter’s consent, he shall be required to restore to him any property which the patron may have given to the parents of the client. And if anyone who has been placed under the protection of another, should acquire any property while he is under such control, half of said property shall belong to the patron or his children, and the other half shall remain in the possession of him who earned it. Where a client leaves a daughter and no sons, in such case we decree, that the daughter shall remain under the protection of the patron. If the patron should provide a husband for her, of equal rank, and anything should be given to her father or her mother, it shall belong to her by right of inheritance. But if, contrary to the will of her patron, she should select for herself a husband of inferior rank, whatever has been given to her father by the patron or by his relatives, shall be restored to said patron or to his heirs.[26]

ANCIENT LAW.

II. Concerning Arms given to Bailiffs who have been Appointed for the Defence of Anyone, and the Acquisitions of said Bailiffs.