Practice question
A donor executes a deed intending to transfer ownership of land immediately during life but reserves enjoyment of the property and postpones physical delivery until death. The deed otherwise satisfies the applicable donation requirements. A relative argues that delayed delivery alone necessarily makes it mortis causa. Which answer follows Article 729?
- Every delay until death necessarily makes the donation testamentary
- A donation intended to take effect during life can remain inter vivos even if delivery is deferred until death
- Every reserved enjoyment makes the donation void
- The donee's acceptance can be omitted
- The title can be transferred only by an oral declaration at death
Legal references
- Civil Code Articles 725, 728–734, 745–751: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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