Practice question
A parent pays the purchase price of property and causes title to be conveyed to the parent's child. A litigant argues that Article 1448 always creates a purchase-money trust for the parent, with no possible presumption of a gift. Which answer is correct?
- The child exception creates a disputable presumption of a gift, rather than the ordinary automatic implication asserted
- Every payment by a parent conclusively proves a trust
- The child's title is necessarily void
- The gift presumption is conclusive and cannot be rebutted
- Article 1448 does not mention family relationships
Legal references
- Civil Code Articles 1440–1457: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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