Practice question
A valid conditional donation is misstated, and all ordinary reformation requirements are established. An opponent invokes only 1366’s exclusion of simple unconditional donations to say every conditional gift is excluded too. Which is best?
- The words no condition necessarily mean every condition.
- All conditional gifts are wills.
- The donor’s preference alone decides the statutory text.
- No court may read the instrument.
- The exact exclusion does not automatically cover every conditional donation merely by analogy.
Legal references
- Civil Code Articles748,1306,1319-1326,1356-1368,1372,1376 and1382-1389: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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