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Book 2 · Law of obligations  ›  Title 4 · Donation › Section 519

Defence of paying for necessaries

(1) The donor is entitled to refuse to fulfil a promise given by way of making a donation to the extent that the donor, taking account of their other duties, is incapable of fulfilling the promise without jeopardising their reasonable maintenance or the performance of duties of maintenance incumbent upon them by operation of law.

(2) If the claims of more than one donee coincide, the earlier claim takes precedence.

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