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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 (Family Code, arts. 74-81)

Scenario:

Mark and Lisa are about to get married. They decide to sign a prenuptial agreement to protect their respective properties. However, Mark's parents offer to give them a piece of land as a wedding gift. Mark and Lisa accept the gift without making any specific arrangements in the prenuptial agreement regarding it. Unfortunately, after a few years of marriage, Mark and Lisa decide to separate.

As their lawyer, analyze and answer the following questions based on the given scenario:

  1. Can the donation of the piece of land be considered as a donation propter nuptias? Explain your answer.
  2. Since there were no specific arrangements in the prenuptial agreement regarding the gift, how will the piece of land be treated in the matrimonial property regime? Explain the applicable law and its effect.
  3. If Mark's parents requested the return of the piece of land after Mark and Lisa separated, what would be the legal implications? Explain based on the provisions of the Family Code.



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Bar Review Question: Property Relations Between Spouses (Family Code, arts. 74-81) Scenario: Mark and Lisa are about to