DONATIONS PROPTER NUPTIAS

1. What is meant by donations by reason of marriage?

2. What are the requisites for a valid donation propter nuptias?
3. Distinguish donations by reason of marriage from ordinary donations.
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FORMALITIES
EXTENT
ACCEPTANCE
REVOCATION

4. What are the formalities required in donations propter nuptias?

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If what is donated is a PERSONAL PROPERTY

If what is donated is a REAL PROPERTY
If what is donated is a FUTURE PROPERTY

5. What properties may be donated by reason of marriage?

6. When is a donation of future property allowed? How shall it be treated?
7. Can a person other than one of the future spouses donate future property to either or both of the future
spouse/s?
8. Can one of the future spouses donate future property to the other future spouse?
9. Is there a limit to what the future spouses may donate to each other if the regime agreed upon is
ABSOLUTE COMMUNITY OF PROPERTY?
10. How about if the regime agreed upon is CONJUGAL PARTNERSHIP OF GAINS or SEPARATION OF
PROPERTY?
11. If the regime agreed upon is CPG or SOP and one of the future spouses donated more than 1/5 of
his/her present property, will the whole donation be void?
12. Are donations by reason of marriage of property subject to encumbrance valid?
13. In case of foreclosure of the encumbrance and the property is sold for less than the total amount of
the obligation secured, will the donee be liable for the deficiency?
14. If the property is sold for more than the total amount of the obligation, who shall be entitled to the
excess?
15. When is a donation by reason of marriage revocable by the donor?
16. What is the effect of the following circumstances upon donation propter nuptias?
A. NON-CELEBRATION OF THE MARRIAGE
Rule:
Exception:

B. MARRIAGE IS JUDICIALLY DECLARED VOID

Rule:
Exceptions:
C. MARRIAGE IS ANNULLED
Rule:
Exception:
D. DECREE OF LEGAL SEPARATION IS ISSUED
Rule:
Exception:
E. RESOLUTORY CONDITION IS COMPLIED WITH
F. DONEE COMMITS AN ACT OF INGRATITUDE
17. When is donation propter nuptias revoked by operation of law?