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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSK. Property Relations Between Spouses (Family Code, arts. 74-81)1. Donation Propter Nuptials, Void Donations - Family Code, arts. 82-83, 86-87, 43(3) and 50

Question

K. Property Relations Between Spouses (Family Code, arts. 74-81), particularly on the topic of 1. Donation Propter Nuptials, Void Donations - Family Code, arts. 82-83, 86-87, 43(3) and 50

Mr. Santos and Ms. Cruz got married in 2010. The following year, Mr. Santos executed a Deed of Donation donating a valuable piece of land to Ms. Cruz as a gift in consideration of their impending marriage. The Deed of Donation included a provision that stated that the donation shall be valid and effective only if their marriage pushes through. However, after two months, the couple decided to call off the wedding and ended their relationship.

Considering the above scenario, answer the following questions:

  1. Is the Deed of Donation valid? Explain your answer in relation to the concept of Donation Propter Nuptias.
  2. Can Mr. Santos revoke the donation given that their marriage did not push through? Discuss the applicability of the provisions of the Family Code.
  3. If the donation is considered null and void, can Mr. Santos recover the property donated to Ms. Cruz? Support your answer with relevant provisions of the Family Code.



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