True or False - Donations by Reason of Marriage - Uribe Quiz Style

Question 1

True or False. Donations by reason of marriage are those which are made before its celebration, in consideration of the same, and in favor of both of the future spouses.

Answer 1

False. Donations by reason of marriage are those which are made before its celebration, in consideration of the same, and in favor of one or both of the future spouses.

*one or both of the future spouses

Question 2

True or False. Donations by reason of marriage are governed by the Family Code.

Answer 2

False. Donations by reason of marriage are governed by the rules on ordinary donations established in Title III of Book III of the Civil Code, insofar as they are not modified by the following articles.

Question 3

True or False. If the future spouses agree upon a property regime, they cannot donate to each other in their marriage settlements more than one-fifth of their present property.

Answer 3

False. If the future spouses agree upon a regime other than the absolute community of property, they cannot donate to each other in their marriage settlements more than one-fifth of their present property. Any excess shall be considered void.

*a regime other than the absolute community of proeprty.

Question 4

True or False. Any excess in the donations between future spouses may be validated by a summary judicial proceeding before a competent court.

Answer 4

False. Any excess shall be considered void.

*provided that the spouses agreed upon a property regime other than the absolute community of property.

Question 5

True or False. Donations of future property shall be governed by the rules of ordinary donations as established in Title III of Book III of the Civil Code, insofar as they are not modified by the following articles.

Answer 5

False. Donations of future property shall be governed by the provisions on the testamentary succession and the formalities of wills.

Question 6

True or False. Donations by reason of marriage of property subject to encumbrances shall be valid.

Answer 6

True.

Question 7

True or False. In case of foreclosure of the encumbrance and the property is sold for less than the total amount of the obligation secured, the donee shall be liable for the deficiency.

Answer 7

False. In case of foreclosure of the encumbrance and the property is sold for less than the total amount of the obligation secured, the donee shall not be liable for the deficiency.

Question 8

True or False.It the property is sold for less than the total amount of the obligation secured, the donee shall be liable.

Answer 8

False. If the property is sold for less than the total amount of the obligation secured, the donee shall not be laible for the deficiency.

Question 9

True or False.If the property is sold for more than the total amount of said obligation, the donee shall be entitled to the excess.

Answer 9

True.

Question 10

True or False. A donation by reason of marriage may be revoked by the donor if the marriage is not celebrated or judicially declared void ab initio.

Answer 10

False. A donation by reason of marriage may be revoked by the donor if the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage settlements, which shall be governed by Article 81.

*except donations made in the marriage settlements, which shall be governed by Article 81.

Question 11

True or False. A donation by reason of marriage may be revoked by the donor when the marriage takes place without the consent of the parents or guardian.

Answer 11

False. A donation by reason of marriage may be revoked by the donor when the marriage takes place without the consent of the parents or guardian, as required by law.

*only as required by law.

Question 12

True or False.A donation by reason of marriage may be revoked by the donor when the marriage is annulled.

Answer 12

False. A donation by reason of marriage may be revoked by the donor when the marriage is annulled, and the donee acted in bad faith.

*the donee must have acted in bad faith.

Question 13

True or False. A donation by reason of marriage may be revoked by the donor upon legal separation, the donor being the offended spouse.

Answer 13

True.

Provision reads: A donation by reason of marriage may be revoked by the donor upon legal separation, the donee being the guilty spouse.

Question 14

True or False. A donation by reason of marriage may be revoked by the donor if it is with a resolutory condition.

Answer 14

False. A donation by reason of marriage may be revoked by the donor if it is with a resolutory condition and the condition is complied with.

*resolutory condition must be complied with.

Question 15

True or False. A donation by reason of marriage may be revoked by the donor when the donee has committed a crime as specified by the provisions of the Civil Code on donations in general.

Answer 15

False. A donation by reason of marriage may be revoked by the donor when the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on donations in general.

Question 16

True or False. Every donation or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage shall be void, except when the marriage settlement allows the spouses to make donations to each other during the marriage.

Answer 16

False. Every donation or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage shall be void, except moderate gifts which the spouses may give each other on the occasion of any family rejoicing.

Question 17

True or False. Every donation or grant of gratuitous advantage, direct or indirect, between persons living together as husband and wife without a valid marriage shall be void, except moderate gifts which the partners give each other on the occasion of any family rejoicing.

Answer 17

True.