Between the law of June 23rd, 1959, establishing (constituting) the law of the generosities

applying to the non-Muslims and making the 2nd part (party) of the 3rd deliver of the Code of

the obligations (bonds) and the Lebanese contracts, and the law n 2006-728 of June 23rd,

2006 of the French Civil Code appropriate for the common generosities, many points in

outbuildings as well as too many differences.

The law of June 23rd, 1959 was inspired by the French Civil Code relative about the

generosities of time, where from come points in common. The differences are due because

of 2 elements:

- The incorrect translation.

- The absence of the evolutionary parallelism.

During a half a century, the Lebanese judge applied the same law of 1959, in spite of the

civil, social and economic change, what caused legal and case law problems. The French

law of the generosities crossed by several states until the law n 2006-728 and its coming into

force, on January 1st, 2007.

The common generosity according to their shape is the theme of our subject. In spite of

the big difference «of age " existing between the French and Lebanese laws, Lebanon did

not show real interest for the French law. It seems to us very useful to take advantage of the

French legal and legislative development about the generosities and to make an in-depth

study of the law n 2006-728 of June 23rd, 2007 to enter an education for a possible

legislative change intended to put back (to hand) the Lebanese law of the generosities to its

level and up to date. The study of the French law can bring ideas relative to the legal

problems which can appear, especially in a religious multiconfessional company (society) as

Lebanon, or several elements enter consideration with regard to the customs and to the

habits, to the change and to the educational, social development, without forgetting the

absence of compatible legislative committee all this in a world of computing which evolves

every minute.

I convert in prerequisite to be interested in the classification of the generosities in 3

categories, in the used criteria of qualification and in the elements which compose the

generosities, in a first part of study the donations and their diverse modalities, in a 2nd part

the wills and their various forms.

The French legislator defined in the article 894 CCF with detail the notarized donations,

which require a current and irrevocable perusal, as well as a liberal intention. It is the animus

donandi which shows the will of the donor to give, without expecting from counterpart or

consideration. The Lebanese legislator defined the donations, in the article 504 of the Code

of the obligations and the Lebanese contracts. This definition shows the specific and original

character of the donation: have between lively and without counterpart.

For the validity of the donation, the article 931 CCF requires the writing (editorial staff) of

a notarial act. The writers of the French Civil code imposed the same formalities on all the

donations inter vivo, except those contained in the prenuptial agreement. If the French case

law shows itself strict about the solemnity of the donations, and, if by concern (marigold) to

protect the family heritage (holdings), it applies with rigor the thorough conditions relative to

the donations, it adopts a very liberal attitude towards the conditions of shape: it authorizes,

in quoted (esteemed) by the donations by authentic act, certain number of shapeless

donations: the manual gift (donation), the indirect donation and the disguised donation.

The Lebanese legislator considered that the donation requires no formal condition for its

validity. That is the donation is considered definitive as soon as the offer leaves the donor

and the acceptance is notified to the donee. It is subjected to no other condition of shape.

But the legislator recommended that the acceptance of the donee is written, made that is in

writing, without need of an authentic act raised (drawn up) by the solicitor. The donation is

definitive, as soon as the donee expresses his acceptance by act written, under any shape.

An exception in this principle is the case of the manual donation: the manual and material

discount (delivery) of the bequest is necessary for the validity of the contract.

In the chapter concerning the manual gift (donation), we treat (handle) its definition. It is

the donation which is made from hand to hand. The operation consists in a material discount

(delivery) that is in a material tradition inspired by a liberal intention. To guarantee the

respect for the maxim " look and to hold (retain) is worth (costs) ", the tradition has to have a

material character, to make take out the good (property) given by the scope of the gratifying.

The tradition does not appear as the simple execution of an obligation (bond) to look pre-

existent. To animate the liberal will and operate the transmission of a right (straight) reality,

the tradition necessarily has to dress (take on) a double character: she must be real and

irrevocable.

The importance of the subject concerns the domain of the manual gift (donation), when

the tradition concerns right (straight) realities having for object a physical piece of furniture,

and when it concerns immaterial furniture. This de facto difference enters real tradition and

incorporeity of the objects ask questions relative to the proof of the manual gift (donation), in

case of dispute.

If the tradition was to be inevitably real and material, an important evolution occurred

during the last sixty years. This evolution created new forms dematerialized by discount

(delivery). They proceed of the use of currencies such as the transfer of account and the

check. The use of these currencies in the field of the generosities between lively lifts (raises)

a problem of qualification. In what legal category is it advisable to classify the donations

granted by these processes?

Another shape of exception in the principle of solemnity concerns the disguised

donations. The notion of disguised donation illustrates the appeal to the process of the

simulation: behind a visible act presenting an expensive character, there is in reality a free,

generally not written act. We say that a free act is disguised as expensive act. The disguised

donations the existence of which is not proved do not appear in the domain of the right (law)

of the generosities. On the contrary, when the truth of the act is established, its validity

makes problem. The simulation, establishing (constituting) some disguised donation,

appears as a demonstration (appearance) of the lie in the legal domain. Demonstration

(appearance) organized by the voluntary elaboration of a visible element appropriate (clean)

to deceive thirds (third parties) on the reality of the contents of the act. When the hidden

element is a legal act, it is important to determine the legal nature of the visible element and

to look for the conditions of efficiency of the simulation.

Another trains (forms) of donation, which establishes (constitutes) an exception in the

principle of solemnity, concerns the indirect donations. It is not still necessary to resort to the

contract of donation. We can reach the same result (profit) by way of a different legal act.

The indirect donation is the donation which comes true except a contract of donation, by

means of a different legal act the shape of which it borrows (takes) and which it uses as

support. Are the indirect donations of real donations? For the writers of the French Civil code,

the question did not appear likely to make difficulty. Because the donation is subjected to

special forms, it is in the respect for these forms that we consider it an act presents the

character of donation.

The indirect donation supposes the impoverishment of a person, the enrichment of the

other one, the existence of a link between the impoverishment and the enrichment. She

supposes that this impoverishment and this enrichment take place without against part

(party) and that they are provoked by a liberal intention of the donor. Impoverishment and

enrichment of the parts (parties), the absence of counterpart, link of causality between the

impoverishment and the enrichment, the liberal intention: such are four principal points of the

donation.

The 2nd part of our subject concerns the wills. The will "is an act by which the testator

arranges, for the moment when he will not exist any more, of all or any of his possessions

and when he can revoke (dismiss). This act presents a special character and well defined

conditions of shape. It is a legal act, it is not the material fact which entrain legal

consequences, but demonstration (appearance) of will producing legal effects. It is about a

one-sided legal act: the will of the testator is effective to her only. The will is a solemn act: the

observation of the formalities is necessary for its validity. The will of the testator has to lock

itself into one of the forms regulated by the law: the will written, dated and signed by the

testator, authentic and mystic will, international will. The will is essentially revocable,

temporary: until his death, the testator has the faculty (power) to modify the devolvement of

his possessions.

For all these characters, the will appears as an exceptional legal act. The revocation, as

the will is subjected itself to statutory precise forms. It is important to indicate that the

revocation is subjected to conditions of shape as well as to thorough conditions which are the

same that those required (demanded) to make out a will (to test).

Two principles inspired by Chancellor D' Aguesseau's prescription dominate the will: the

solemnity and the freedom. These two qualities are respected in 2 cases: the will must be

written and personal and the conjunctive (conjunctive) wills are prohibited.

The will must be written. This condition of writing is necessary for every type (chap) of will,

according to the French and Lebanese legislators. This writing has to show the freedom of

the testator to make a serious act, as well as identify the author of the act. It is essential for

the testamentary paper as well as for the additions (bills) and the modifications added to the

act. Other conditions of shape are asked. These conditions concern the modalities of

treatment of the document, the writing, the date, the signature, as well as the actors of the

document (solicitor and witnesses) and the conditions of capacity and the skill (competence)

relative to each of them.

We end to note subject by an in-depth study concerning the diverse modalities of wills, as

well as the conditions of shape required for the validity of these documents.