Art. 4275.Donations to Or By Minor
Book VII. Special Proceedings · Title VI. Tutorship · Chapter 8. General Functions, Powers, and Duties of Tutor · Amendment history unavailable · Last verified July 30, 2026
Full Text of Art. 4275
Plain-English Summary
A minor generally lacks the capacity to accept a donation without assistance handling the formalities involved. Article 4275 lets the tutor step in on that side of the transaction, accepting gifts made to the minor so the minor can benefit from another person's generosity without the gift stalling on the minor's own lack of capacity.
The reverse is barred outright. A tutor can never give away the minor's property as a donation, regardless of the reason or how well-intentioned the gesture. A donation is by definition gratuitous, meaning nothing flows back to the minor's estate in return, so it can never square with the tutor's duty to preserve and administer the minor's property for the minor's own benefit. This closes off a route around both the self-dealing ban in Article 4263 and the general prudent-administration standard in Article 4262.
The contrast with Article 4265's compromise authority is instructive. Settling or modifying an obligation can still leave the minor with something of value in return. An outright donation of the minor's property gives up value for nothing, which is why the Code treats it as a categorical bar rather than an action a court could authorize under Article 4271.
Frequently Asked Questions
Can a tutor accept a gift given to the minor?
Yes. Article 4275 allows the tutor to accept donations made to the minor.
Can a tutor give away any of the minor's property as a gift?
No. Article 4275 categorically bars the tutor from making donations of the minor's property.
Could a court authorize a tutor to donate the minor's property in a special case?
No. Unlike other significant actions that can be authorized through Article 4271, a donation of the minor's property is barred outright.
Why can't a tutor make donations from the minor's estate?
Because a donation is gratuitous by nature, giving up value without anything returning to the minor, which conflicts with the tutor's duty to preserve and administer the minor's property for the minor's benefit.