Donations Inter Vivos Flashcards
Donation Inter Vivos “DIV”
Definition
At present and irrevocable gratuitous transfer of property during donor’s lifetime
DIV
Capacity
CAPACITY: at time of donation
- DONOR: Must be able to generally comprehend nature and consequences
- DONEE: Must be in existence, or in utero
DIV
Acceptance
ACCEPTANCE: Must be accepted by donee within lifetime of donor
Form: May be made in act of donation; Subsequently in writing; or Action –
* Movable: Taking possession
* Immovable: Subsequent alienation or encumbrance
DIV
Requirements
(1) CONTRACT: Authentic act identifying parties and object
- Exception: Manual gifts; Stocks; Investment property
(2) DONATIVE INTENT: Proven by strong and convincing evidence based on value at time of donation
- Authentic act likely self-proving
- Donation = Value of obligation/services < 2/3 value of thing given
- Onerous Contract (unenforceable) = Value of obligations/services ≥ 2/3 Value of thing given
(3) AT PRESENT AND IRREVOCABLY: Donor is immediately and irrevocably bound to transfer of naked ownership
Exceptions:
- REVOCATION FOR CAUSE: Ingratitude
- DISSOLUTION: for nonfulfillment of condition
- STIPULATED RIGHT OF RETURN: Permissible, unless transfer to BFP
DIV
Revocation for cause
INGRATITUDE: Prescribes one year from constructive knowledge of ingratitude
- Attempted murder; OR
- Cruel treatment, crimes, grievous injury (“naturally offensive act”)
Effect: Return thing, or restore value
- Exception: BFP protected
DIV
Dissolution
DISSOLUTION FOR NONFULFILLMENT OF CONDITIONS: Prescribes five years from (non)fulfillment
Effect:
- SUSPENSIVE: Dissolved of right
- RESOLUTORY/POTESTATIVE: Dissolved by consent or judicial decree
Exception: Religious organization in compliance for 10 years (CY-PRES DOCTRINE: Judicial approval for close compliance)
DIV
Mandatary
MANDATE: Contract by which principal confers express general authority on mandatory to transact his affairs
Form: EQUAL DIGNITIES DOCTRINE
