Francis Bacon, who wrote "Do not wait until you are dead to give, for a dying person indeed gives the property of others," could write today "Do not wait until you are insolvent to give, for an insolvent person indeed gives the property of their creditors."
It frequently happens, under the pretext of benefiting someone, that a person disposes of their assets in favor of a close relative. Beneath the most commendable gesture often hide rather "protectionist" reasons.
Madame, after selling her residence with legal warranty, acquires another home. Unable to handle the administration and maintenance of the new home, she gifts it to her son. After this donation, Madame only has an unseizable income as an asset.
Three years after its acquisition, the buyer of Madame's residence initiates legal proceedings against her for hidden defects. The court grants the buyer's request and orders Madame to pay a certain sum. The buyer, realizing that Madame no longer has any assets, asks the Court* to invalidate the donation. The judge concludes that, by her gesture, Madame has rendered herself incapable of fulfilling her obligation to guarantee to the buyer. Therefore, the donation made her insolvent and is considered to have been made with the intention to defraud. The act of donation is therefore unenforceable against the buyer.
Francis Bacon, who wrote "do not wait until you are dead to give, for a dying person indeed gives the possessions of others," could write today "do not wait until you are insolvent to give, for an insolvent person indeed gives the possessions of their creditors."
*C.S. 560-05-001691-007
