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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

Property Relations Between Spouses: Donation Propter Nuptias and Void Donations

Magdalena and Juan are about to get married. Prior to their wedding, Magdalena's wealthy aunt, Auntie Carmen, decides to give them a substantial sum of money as a wedding gift. Auntie Carmen wants to ensure that the money will be solely for the benefit of Magdalena and Juan, and not subject to the usual rules regarding conjugal partnership and community property.

On the day of the wedding, Auntie Carmen presents Magdalena and Juan with a notarized document stating that she is donating the money to them "propter nuptias" or because of the impending marriage. However, it is later discovered that the donation was made with the intent to defraud Auntie Carmen's creditors.

Meanwhile, Magdalena and Juan decide to purchase a property using the donated money. They find an ideal piece of land and enter into a purchase agreement with the seller, Mr. Santiago. However, it turns out that the land is covered by a pending lawsuit, rendering the sale void.

Based on the given scenario and relevant provisions of the Family Code, answer the following questions:

  1. Is Auntie Carmen's donation of money to Magdalena and Juan valid or void? Discuss the legal effects of a donation propter nuptias.
  2. Can Magdalena and Juan claim ownership of the property they purchased using Auntie Carmen's donation? Explain the implications of the sale being void.



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Bar Review Question: Property Relations Between Spouses: Donation Propter Nuptias and Void Donations Magdalena and Juan