A Digest of the Laws of Belgium And of the French Code Napoléon

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Arts. 839 to 900.
Trusts are Prohibited. — Trusts are prohibited, says Art. 896 of the Code Najpoleon, and, to empliasise this pro- hibition, it adds: Any stipulation that the donee, the ap- pointed heir, or the legatee shall hold certain property for behoof of third parties shall be null and void, even when it is made in the interests of the donee, the appointed heir, and the legatee.
Two exceptions only are permitted from this stringent rule: (1) In favour of the grandchildren of the donor, o
...r the testator. (2) In favour of the children of the brothers and sisters of the disponer.
In both cases the obligation to transfer the gift or legacy is conditional on its being for the benefit of aU. the children of the same class to whom the gift or legacy is made. It is absolutely void when made for the benefit of some of the children only.
It must be remembered that, as the child's reserve (see p . 83) cannot be dispjosed of, the trust can only operate with regard to the diepwable pprtion lof the property (see p.


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