Donations propter nuptias
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. 82, FC)
What rules govern the form of donation of propter nuptias?
The form of donation propter nuptias is governed
by the rules on ordinary
donations established in
Title III of Book III of the Civil Code (on donations), insofar as they are not
modified by the subsequent provisions of the FC on donations by reason of
marriage (Art. 83, FC)
One-fifth limitation on present property
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. (Art.
84, FC)
What is the effect of donations by reason of
marriage of property which is subject to encumbrance?
Donations by reason of marriage of property
subject to encumbrances shall be valid. In case of foreclosure of the
encumbrance and the property is sold for less than the total amount of the
obligation secured, the donee shall not be liable for the deficiency. If the
property is sold for more than the total amount of said obligation, the donee
shall be entitled to the excess. (Art. 85, FC)
Grounds for revocation of donation propter nuptias
A donation by reason of marriage may be revoked
by the donor in the following cases:
(1) If the marriage is not celebrated or
judicially declared void ab initio except donations made in the marriage
settlements, which shall be governed by Article 81;
(2) When the marriage takes place without the
consent of the parents or guardian, as required by law;
(3) When the marriage is annulled, and the donee
acted in bad faith;
(4) Upon legal separation, the donee being the
guilty spouse;
(5) If it is with a resolutory condition and the
condition is complied with;
(6) When the donee has committed an act of
ingratitude as specified by the provisions of the Civil Code on donations in
general. (Art. 86, FC)
Are donations made by either spouse in favor of
the other, directly or indirectly, during the marriage valid?
Every donation or grant of gratuitous advantage,
direct or indirect, between the spouses during the marriage shall be void,
except moderate gifts which the spouses may give each other on the occasion of
any family rejoicing. The prohibition shall also apply to persons living
together as husband and wife without a valid marriage. (Art. 87, FC)
0
Comments
