Donation Flashcards
What is a donation?
Donation is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it.
When is donation deemed perfected?
The donation is perfected from the moment the donor knows of the acceptance by the donee.
What are the two types of donation?
Donation Inter Vivos shall take effect during the lifetime of the donor, though the property shall not be delivered until after the donor’s death.
Donation Mortis Causa is a donation which take effect upon the death of the donor.
What is the rule with regards to the fruits of the thing donated under donation inter vivos?
The fruits of the property from the time of the acceptance of the donation, shall pertain to the donee, unless the donor otherwise provides.
Who may not be allowed to give or receive donations?
Generally, anyone who may contract and dispose of their property can make donations.
Those who are not allowed to enter into a contract also applies.
How is donation revoked?
Every donation inter vivos made by a person having no children or descendants, legitimate or legitimated by subsequent marriage, or illegitimate, may be revoked or reduced by the happening of any of these events:
(a) If the donor, after the donation, should have legitimate or legitimated, or illegitimate children, even though they be posthumous.
(b) If the child of the donor, whom the latter believed to be dead, when he made the donation, should turn out to be living.
(c) If the donor should subsequently adopt a minor child.
Upon the revocation or reduction by the birth, appearance or adoption of a child, the property affected shall be returned, or its value if the donee has sold the same.
If the property is mortgaged, the donor may redeem the mortgage, by paying the amount guaranteed with a right to recover the same from the donee.
When the property cannot be returned, it shall be estimated at what it was worth at the time of the donation.
When does the action for revocation or reduction of the donation prescribes insofar as the birth, appearance, or adoption of a child by the donor?
The action for revocation or reduction shall prescribe after 4 years from the birth, appearance, or adoption of the child.
What are the other instances where donation may be revoked by the donor?
(a) The donee fails to comply with any of the conditions the donor imposed upon him.
(b) The donee commits some offense against the donor or of the donor’s family
(c) The donee imputes to the donor any criminal offense.
(d) The donee refuses the donor’s support when the donee is legally or morally bound to give support to the donor.
