CONTINUATION OF SU 12

Question 1

VALID FORMS OF PACTA SUCCESSORIUM

Answer 1

1. DONATIO MORTIS CAUSA
2. ANTENUPTIAL CONTRACT

Question 2

DONATIO MORTIS CAUSA

Answer 2

is a donation aimed at the donor’s death and must comply with the formalities laid down for a will

Question 3

CHARACTERISTICS:

Answer 3

1. The death of the donor must be contemplated
2. the governing motive for the gift must be pure benevolence
3. the gift may be revoked anytime.

Question 4

ANTENUPTIAL CONTRACT:

Answer 4

A pacta successorium in a antenuptial contract does not make the latter a will.
Although in may have succession implications, it does not comply with the testamentary formalities.

Question 5

VARIOUS FORMS:

Answer 5

1. THE SPOUSES BENEFIT EACH OTHER MUTUALLY: the agreement can only expressly of by means of inevitable implications be revoked or amended by the spouses’ joint will.
   -if the joint will is revoked, pacta successorium revives.
2. THE SPOUSES AGREE TO BENEFIT A THIRD PARTY: if the third party is a party to the agreement, revoking is only possible with his or her intention
   -if the third party is not a party to the agreement, the rules applicable to contracts in favour of a third party apply.