Practice question
An aunt makes a premarital donation to a future spouse in consideration of the wedding. A challenger invokes Article 84’s one-fifth settlement limit solely because the gift exceeds one-fifth of the aunt’s present property. The aunt is not one of the future spouses, and no other invalidity is yet established. Which analysis is best?
- Every marriage-related gift has that same fraction regardless of donor
- The aunt’s donation is automatically valid under every law
- That specific future-spouses-to-each-other settlement limit does not apply merely by relabeling the aunt as a future spouse; ordinary donation and other applicable limits still require examination
- No third person may ever make a wedding-related donation
- The recipient may choose whether the aunt becomes a spouse
Legal references
- Family Code Articles 82-84: https://lawphil.net/executive/execord/eo1987/eo_209_1987.html
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