Practice question
A donation by reason of marriage concerns mortgaged property. Is the encumbrance alone necessarily fatal under Article 85?
- Yes, every encumbrance voids the donation
- No; Article 85 expressly recognizes validity of an encumbered-property donation, subject to the governing rules
- Yes, because only cash may be donated
- Yes, because mortgages erase ownership automatically
- No, because the mortgage is automatically cancelled
Legal references
- Family Code Article 85: https://lawphil.net/executive/execord/eo1987/eo_209_1987.html
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