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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

Question:

Jose and Maria are newly married. As a symbol of their love and commitment, Jose's parents decided to give them a piece of land as a Donation Propter Nuptias. However, they encounter certain issues regarding the validity of the donation under the Family Code.

Discuss the following situations and determine the legality of the donation:

  1. Jose and Maria received the donation during the celebration of their wedding in the presence of their families and friends. However, the donation was not made in a public instrument as required by the Family Code. Are they still considered valid beneficiaries of the donation?
  2. Before the donation, Jose and Maria signed a prenuptial agreement where they agreed that all properties acquired during their marriage shall be conjugal in nature. Does this agreement affect the validity of the donation?
  3. Jose's parents are both alive and in good health. They donated the property to Jose and Maria without any justifiable cause or reason. Can this be considered a valid Donation Propter Nuptias?
  4. After a year of being married, Jose and Maria decide to get a divorce. Will the donation be affected by their divorce, and if so, how?
  5. Maria, upon receiving the donation, immediately sold the property without Jose's knowledge and consent. Can Jose seek legal remedy for the invalidation of the donation?



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