Article 207:Neither spouse may alienate or encumber any common property without the consent of the other. In case of unjustifiable refusal by the other spouse, the courts may grant the necessary consent.
EXPLANATION:
Donation of community property, being a disposition of property, must be with the consent of both spouses. It seems clear that authority of the court cannot be a substitute for consent by a spouse.
The following donations may be made by one spouse without the consent of the other spouse:
1. Moderate donations from the community property for charity.
2. Moderate donations on occasions of family rejoicing, either to the other spouse or to the children or to those that fall under the term “ family relations “
3. Moderate donations on occasions of family distress as when a member of the family or an in-law dies.
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