Can I retain some rights associated with the assets I give away? Can I reserve a right of reclaim?
Yes, the donor can retain rights over the assets gifted if the donor wishes to maintain use and enjoyment of them. Bare ownership, i.e. ownership only without the right to use, would be granted to the donees (the persons receiving the gift), while a usufruct (the right to inhabit and use the asset) would be retained by the donor.
The right to reclaim assets is not affected by a reserve in favour of another person; it is a legal right guaranteed to the donor. Gifts can be revoked by the donor, rendering them null and void, under the causes set forth in law, such as indignity or ingratitude. The civil code in common law territories and the specific legislation in the autonomous communities provide for this possibility.
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