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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

Mike and Anna recently got married. In celebration of their union, Mike's wealthy father, Mr. Gomez, decided to give them a valuable piece of property as a wedding gift. However, upon consulting with their lawyer, they discovered that certain provisions in the Family Code govern donation propter nuptias and void donations. Let's analyze the following scenarios:

1. Mike and Anna received a donation propter nuptias from Mr. Gomez, which consists of a luxury condominium unit. However, after a year of marriage, Mike and Anna decided to get a divorce. What will happen to the donated property? Discuss the effects of a divorce on a donation propter nuptias, citing the relevant provisions of the Family Code.

2. Anna's aunt, Auntie Clara, donated a large sum of money to Mike and Anna during their wedding ceremony. However, it was later discovered that the donation was made in violation of the provisions on void donations. Examine the consequences of a void donation and the parties' legal recourse, considering the provisions of the Family Code.

3. Mike and Anna acquired a parcel of land during their marriage, using funds that Mike received from an illegal gambling activity. Can Mike donate his share of the property to a third party, despite its illegal origin and the effect on the community property regime? Discuss the limitations and restrictions on donations under the Family Code.




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Bar Review Question: Property Relations Between Spouses: Donation Propter Nuptias and Void Donations Mike and Anna rece