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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

Scenario:

Married couple Juan and Maria have been experiencing financial difficulties. In an attempt to alleviate their financial burdens, Maria's parents offered to give them a valuable piece of land as a donation propter nuptias (on account of marriage). Juan and Maria gladly accepted the offer and the donation was duly executed and registered.

However, several years later, Juan and Maria's marriage started to deteriorate. They decided to separate and eventually filed for divorce. As part of the divorce proceedings, the court declared the donation propter nuptias to be void.

Now, considering the provisions of the Family Code of the Philippines (arts. 82-83, 86-87, 43(3) and 50), answer the following questions:

  1. What are the legal requirements for a donation propter nuptias to be valid? Explain each requirement.
  2. Discuss the effects of a void donation propter nuptias on the property rights between Juan and Maria.
  3. Under what circumstances can a donation propter nuptias be considered void? Provide examples.
  4. Explain the significance of the court's declaration that the donation propter nuptias is void in the context of Juan and Maria's divorce proceedings.



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Bar Review Question: Property Relations Between Spouses: Donation Propter Nuptias and Void Donations Scenario: Married