Philippine Bar review · Question

Practice question: Donation

Multiple Choice Hard

Practice question

A land donor executes a proper public deed of simple inter vivos donation. The donee accepts in a separate public document during both parties' lifetimes. The donor is never notified of that acceptance in an authentic form, and no notation is made in either instrument. The donee argues that two public documents necessarily complete every requirement. Which answer is correct?
  1. The separate documents automatically eliminate all notification requirements
  2. Article 749 additionally requires authentic notification to the donor and notation in both instruments when acceptance is separate
  3. Acceptance may first occur after the donor dies
  4. Only an oral message from a stranger is required in every case
  5. The public form requirement applies only to movable property

Legal references

  • Civil Code Articles 725, 728–734, 745–751: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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