PFR Chapter 2: Donation by reason of marriage

Property Relations between Husband and Wife

Donation Propter Nuptias (Art. 82)

1. Donations by reason of marriage

2. Without onerous consideration, the marriage being the occasion or motive for the donation

Donations by reason of marriage (Art. 82)

Donation Propter Nuptias

Requisites for donation propter nuptias (3)

1. Made before celebration of the marriage

2. In consideration of the marriage

3. In favor of one or both of the future spouses

Donations that are not considered donation propter nuptias (3)

1. Made in favor of the spouses after the celebration

2. Executed in favor of the future spouses but not in consideration of the marriage

3. Those granted to persons other than the spouses even though they may be founded on the marriage

Donation of a movable

1. Donee must accept the donation personally, through an authorized person with special power for that purpose, general sufficient power. Otherwise it is void

2. Made during the life time of the donor and the donee

3. Made orally or in writing

Donation of a movable if made orally

Requires simultaneous delivery of the thing or document representing the right donated

Donation is personal property (movable)

If more than 5k, donation and acceptance is made in writing, otherwise donation is void

Donation is real property (immovable)

1. Acceptance is in a public instrument, specifying the property donated and the value of the charges which the donee must satisfy

2. Can be done in the same deed of donation or separate and shall take effect

3. It takes effect during the lifetime of the donor

Donation is immovable and in a separate instrument

Donor should be notified in an authentic form

Express acceptance

1. Ordinary donation

2. Donation propter nuptias

1. Necessary

2. Not necessary

Donee of donation propter nuptias (2)

1. Either one of the future spouses

2. Both future spouses

Donor of donation propter nuptias (2)

1. One of the future spouses

2. Third person

Donation propter nuptias of future property (2)

1. Entirely handwritten

2. Dated and signed by the donor

*Donations mortis causa - is a transfer of property or a right made by a donor in contemplation of their impending death, which takes effect only upon the donor's death

Donation propter nuptias of future property if not handwritten

1. Subscribed at the end by the donor himself or donor’s name written by some other person in his presence

2. Attested and subscribed by 3 or more credible witnesses in the presence of the donor and oof one another

What governs donation propter nuptias of future property?

Testamentary succession and formalities of a will

Testamentary succession

The designation of an heir, made in a will executed in the form prescribed by law

The designation of an heir, made in a will executed in the form prescribed by law

Testamentary succession

What does future property mean

anything which the donor cannot dispose of at the time of the donation

When is the “not more than 1/5th” not applicable in a donation propter nuptias

The donation is made in a separate deed of donation

Donation is made by one of the future spouses in favor of the other in a marriage settlement, it must not exceed..?

1/5th of the present property of the donor if any other regime except ACP (has no limit)

What happens if the donation is made by one of the future spouses in favor of the other in a marriage settlement exceeds..?

The excess is considered void

Donation of encumbrance valid?

Yes. Since they do not divest donor of ownership (debt, mortgage, lien, or third-party claim attached to a piece of property does not strip the donor of their ownership rights, meaning they still legally own it and can validly donate)

Encumbrance

legal claim or restriction on a property that can affect its use or transfer of ownership, such as liens or easements.

legal claim or restriction on a property that can affect its use or transfer of ownership, such as liens or easements.

Encumbrance

In case of foreclosure of donations subject to encumbrance

Proceeds from sale are not sufficient to cover amount of indebtness

Donee is not liable to donors creditor for deficiency

In case of foreclosure of donations subject to encumbrance

Proceeds from sale are more than the amount of indebtness

Donee is entitled to the excess since he’s the owner

Revocation of Donation propter nuptias

1. Non celebration of marriage

2. Judicial declaration of nullity of marriage

3. Annulment of marriage

4. Legal separation

5. Compliance of resolutory condition

6. Acts of ingratitude

Option for the donor when the marriage is not celebrated

Revoke or maintain the donation

Situation:

Donations propter nuptias shall remain valid except if the donee contracted the marriage in … such donations made to said donee are … by …

Bad faith, revoked, operation of law

What happens to donations propter nuptias outside of the marriage settlement?

Mere non celebration of marriage does not affect its validity but only gives rise to a cause for revocation of such donation

If the donee is in .. faith, the donation is … but the donor has the option to … after a judicial declaration of nullity is obtained

Good, valid, revoke it or not

In case there is … faith on … contracting parties in a …. marriage where one of them previously obtained a judicial declaration of presumptive death to remarry, such … marriage is … and all donations shall be ….

Bad, both, subsequent, subsequent, void, revoked

Marriage has been judicially declared void, … faith of the donee is irrelevant, the donor shall have the option to … the donation

Good or bad, revoke or not to revoke

If both contracting parties are in .. faith, the … is likewise given the option to …. the donation

Good, donor, revoke or not revoke

If the … of the said persons is not obtained, the marriage becomes …. and the donation propter nuptias …

Consent, annullable, may be revoked by the donor

What gives rise to a cause for revocation of donation propter nuptias under annulment

Final judgement of annulment and not the existence of its grounds

Effects of annulment decree:

Donation propter nuptias is considered … if the donee is in … faith in contracting the marriage

Revoked, bad

Under legal separation for donation propter nuptias

The donor is ….. such donation. If they decide to … the donation, the donor has … years from the …. to file such case

Given the option to revoke or maintain, revoke, 5, finality of the decree of legal separation

Donation made by persons who are guilty of adultery or concubinage at the time of the donation are considered …

Void

Resolutory condition

future, uncertain event that, when it happens, ends an already existing contract or obligation

Future, uncertain event that, when it happens, ends an already existing contract or obligation

Resolutory condition

Donation propter nuptias is subject to a resolutory condition and the condition is fulfilled, the donor….

Has the right to revoke the donation

Revocation of donation by Acts of Ingratitude (3)

1. Committing an offense against the donor, their honor, or property

2. Imputing a criminal offense or an act involving moral turpitude to the donor

3. Unduly refusing support to the donor

Acts of ingratitude

specific, severe wrongful actions committed by the donee against the donor

Specific, severe wrongful actions committed by the donee against the donor

Acts of ingratitude

Acts of ingratitude

If the donor desires to … such donation, they must do so within … from the time the donor had ….

Revoke, 1 year, knowledge of the act

What are prohibited transactions between spouses (Art. 87)

1. Donations during marriage

2. Persons living together as husband and wife without a valid marriage

Exception of the prohibited transactions between spouses

1. Moderate gifts which the spouses may give each other on the occasion of any family rejoicing

Other prohibited transactions between spouses

Selling property and leasing to each other

Other prohibited transactions between spouses: Instances (2)

1. Separation of property was agreed upon in the marriage settlements

2. Judicial separation of property

(If the adopted is a minor or otherwise incapacitated, the adoption may be judicially rescinded upon petition of any person authorized by the court or proper government instrumental acting on his behalf, on the same grounds prescribed for loss or suspension of parental authority. If the adopted is at least eighteen years of age, he may petition for judicial rescission of the adoption on the same grounds prescribed for disinheriting an ascendant)

Prohibition of donation to apply of persons living together (Art. 87)

The man and woman are living together as husband and wife without the benefit of the marriage (cohabitation)