All persons have capacity to receive donations inter vivos and mortis causa, except as expressly provided by law.1 The capacity to receive a donation inter vivos must exist at the time the donee accepts the donation.2 Capacity to receive a donation mortis causa must exist at the time of the testator’s death.3 When a donation depends on fulfillment of a suspensive condition, the donee must have capacity to receive at the time the condition is fulfilled.4
The Civil Code has particular provisions for unborn children. To be capable of receiving by donation inter vivos, an unborn child must be in utero at the time the donation is made.5 To be capable of receiving by donation mortis causa, an unborn child must be in utero at the time of the testator’s death.6 In either case, the donation has effect only if the child is born alive.7