Donation Propter Nuptias.docx - Chapter 2 Donations by Reason of Marriage Art 82 Donations by reason of marriage are those which are made before its

Donation Propter Nuptias.docx - Chapter 2 Donations by...

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Chapter 2 – Donations by Reason of Marriage Art. 82 – Donations by reason of marriage are those which are made before its celebration, in consideration of the same, and in favor of one or both of the future spouses. Art. 83 – These donations are governed by the rules on ordinary donations established in Title III of Book III of the Civil Code, insofar as they are not modified by the following Articles. Art. 84 – If the future spouses agree upon a regime other than the absolute community of property, they cannot donate to each other in their marriage settlements more than one-fifth of their present property. Any excess shall be considered void. Donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills. DONATION PROPTER NUPTIAS Donation by reason of marriage = donation propter nuptias -without onerous consideration marriage merely occasion of motive, not its “causa” Deed of donation: before marriage, provides that marriage would be childless, spouses would have to die before donation would operate, made not in favor wife but of those who acted as parents cannot be regarded as one made in consideration of marriage Donations excluded: 1. Made in favor of spouses after the celebration of marriage 2. Executed in favor of future spouses but not in consideration of marriage 3. Granted to persons other than spouses, even if founded on marriage -donations proper nuptias can be contained in a marriage settlement -to be valid (present property donation): rules governing ordinary donations Title III of Book III -must accept donation personally or through authorized person w/ special power for the purpose / general or sufficient power otherwise void (Art. 745, NCC) -during lifetime of donor & done (Art. 746, NCC) -donation of a movable orally or in writing -oral donation simultaneous delivery of thing or document representing right donated -if value > P5k donation & acceptance = in writing (Art. 748) Donation of immovable = public document property donated, value of charges donee to satisfy Acceptance: may be made in same deed or in separate public document not take effect unless during lifetime of donor if separate public document, donor to be notified in authentic form + noted in both instruments (Art. 749) Donations of future property provisions on testamentary succession + formalities of will may be hand-written (entirely) + dated & signed by donor (Art. 810, NCC) -if not handwritten, subscribed at the end by donor himself or name written by other person in his presence + attested by 3 or more credible witnesses -donor + instrumental witnesses sign each page except last, left margin; pages numbered correlatively in letters (upper part of page) -attestation clause: # of pages, fact that donor signed deed + every page in presence of witnesses, signed by witness -attestation: if other language not known, interpreted to them -every will must be acknowledged before a notary public by donor + witnesses DONATION BETWEEN FUTURE SPOUSES
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