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LSDefine
Simple English definitions for legal terms
onerous donation
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A quick definition of onerous donation:
An onerous donation is a type of gift where the donor imposes a condition on the recipient. This means that the recipient must fulfill a certain requirement or obligation in order to receive the gift. For example, a donor may give money to a charity, but only if the charity uses the money for a specific purpose. In civil law, the value of the gift must be more than twice the value of the condition imposed by the donor. This is different from a purely gratuitous donation, which is an unconditional gift, and a remunerative donation, which is a gift given in exchange for services rendered.
A more thorough explanation:
An onerous donation is a type of gift in which the donor imposes a condition on the recipient. This means that the recipient must fulfill certain obligations or requirements in order to receive the gift.
For example, if someone donates a piece of land to a charity, but requires that the charity build a community center on the land within a certain timeframe, this would be considered an onerous donation. The charity must fulfill the condition in order to receive the gift.
In Louisiana law, an onerous donation is defined as an inter vivos gift burdened with a condition imposed by the donor. However, there is no gift unless the value of the gift is more than twice as much as the value of the condition to the donor.
Another type of donation is a remunerative donation, which is an inter vivos gift made to compensate a person for services rendered. However, it is not considered a gift unless the value of the property given is more than twice as much as the value of the services.
Overall, onerous donations and remunerative donations are different from purely gratuitous donations, which are unconditional gifts made without any conditions or requirements.