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Sunday, March 10, 2019

Cameroon imposed a legal conditions on donations, gifts

Hello sir, I have a current problem, my uncle, a billionaire of the place offered me a house for my wedding gift. The delivery of the keys was solemn in front of two of his co-wives and three of his legitimate children.

We proceeded to the installation of my concession according to Bamileke customs. But alas he died before handing me the papers of this house.

I would like to know what I can do, what is waiting for me in the days to come with the heirs, they can kick me out of the house? As the gift was solemn, what represents what strength in front of the heirs? Or does it have no effect under Cameroonian law?

The response of the Cabinet:

Your correspondence raises the problem of the legal conditions of the donation.

Ownership of property is acquired and passed on by succession, inter vivos or testamentary gift and by the effect of obligations (Article 711 of the Civil Code). You can become the owner of a house by inter vivos donation, if the donor is presently and irrevocably stripped of the given thing, in your favor and you accept it (article 894 of the civil code).

This act has legal value only if it is established by a notary within the meaning of article 8 of the ordinance n ° 74-1 of July 6, 1974 fixing the land regime which stipulates that "the constituent acts, translative , or extinguishing real estate rights must be null and void, be established in notarial form".

To the question of whether the heirs could expel you from the house, we can say that it is possible according to whether the deed of gift exists or not.

If the deed of gift exists, they will be able to expel you by its cancellation, in case the house is part of the reserve, that is to say which is the portion of the patrimony of a person which it can not have by donation or testament in the presence of heirs, ascendants and descendants (lexicon of legal terms, 13th edition Dalloz). The reserve is governed by Article 913 of the Civil Code which stipulates that "liberalities, either by acts inter vivos or by will, may not exceed half of the property of the settlor, if he leaves on his death only one legitimate child, the third party if he leaves two children, a quarter if he leaves three or a greater number. "

In the case where the act of donation, as it seems to be the case, does not exist, they can purely and simply expel you, because the donation will never have taken place.