Question

Scenario 1:

Spouses Mark and Jane have been married for five years. As their anniversary approached, Mark decided to surprise Jane with a valuable piece of artwork. He executed a deed of donation in favor of Jane, specifically stating that the donation was made propter nuptias.

However, upon consulting their lawyer after the celebration, they discovered that the artwork Mark donated was classified as a "void donation" under the provisions of the Family Code. According to the law, donations between spouses during the period of their marriage are prohibited, except in cases provided by law.

1. How would you classify the donation made by Mark to Jane? Explain the legal basis for your classification.

Scenario 2:

Spouses John and Mary have been married for 10 years. They decide to sell their family home and purchase a new property. Instead of using their joint funds for the new property, Mary donates her half of the proceeds from the sale to their son, without the knowledge or consent of John.

In this scenario, Mary argues that the donation is valid since it is her separate property and she has the right to dispose of it as she pleases.

2. Is Mary's donation valid? Discuss the legal implications of the property being separate or conjugal, and the consent of both spouses in making donations.