Practice question
A valid simple unconditional inter vivos donation is alleged to have a mistaken instrument. The claimant invokes only statutory reformation despite 1366. Which is best?
- Every donation necessarily falls outside 1366.
- An unconditional gift automatically becomes a mortgage.
- The claimant may select a different statute by preference.
- The express exclusion must be addressed; a general reformation premise does not erase it.
- Reformation is always mandatory without inquiry.
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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