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Persons Family Code Chapter 2 Donations by Reason of Marriage Article 82 Donations by reason of marriage are those which are made before its celebration, in consideration of the same, and in favor or one or both of the future spouses. Donations Propter Nuptias or donations before the marriage are wedding gifts, but NOT ALL wedding gifts are donations propter nuptias, some may come after the celebration. Requisites for a valid donation propter nuptias 1. Must be made BEFORE the celebration of the marriage 2. Made in consideration of the same 3. Made in favor of one or both of the future spouses If one of the is not complied with, may still be valid as an ordinary donation, but not as donation propter nuptias. Article 83 These donations 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 General Rule: all rules on ordinary donations apply to propter nuptias Ex. Must be accepted; Land must be in public instrument Article 84 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. Donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills Tiu, Jaclyn Christy Donating more thatn one-fifth is ok only if absolute community Future Property - Anything that the donor cannot dispose of at the time he makes the donation - Future spouses may donate future property to each other, to be governed by testamentary succession and formalities of wills; NOT by rules on ordinary donations Article 85 Donations by reason of marriage of property subject to encumbrance shall be valid. 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. If the property is sold for more than the total amount of said obligation, the done shall be entitled to the excess Encumbrance burden or charge upon an estate or property so that it cannot be disposed of without being subject to the encumbrance; claim, lien, charge or liability attached to and binding real property There is no necessity of removing encumbrances. A donation propter nuptias is valid even if subject to encumbrances. Rules as to the Deficiency or Excess in case of Foreclosure Sale Deficiency donee not liable Excess donee is entitled to excess Article 86 A donation by reason of marriage may be revoked by the donor in the following cases:
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