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Donation Propter Nuptias

Donations by reason of marriage are gifts made before marriage in consideration of the marriage between one or both future spouses. These donations follow the general rules for ordinary donations but can be modified as outlined in the following articles. If the spouses agree to a marital property regime other than absolute community property, they cannot donate more than one-fifth of their present property to each other in their marriage settlements. Donations of future property are governed by succession and will formalities. Donations of encumbered property are valid, but the donee is not liable for any deficiency if the property is sold for less than the obligation and entitled to any excess if sold for more. A donation by reason of marriage can be revoked in specific situations

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144 views2 pages

Donation Propter Nuptias

Donations by reason of marriage are gifts made before marriage in consideration of the marriage between one or both future spouses. These donations follow the general rules for ordinary donations but can be modified as outlined in the following articles. If the spouses agree to a marital property regime other than absolute community property, they cannot donate more than one-fifth of their present property to each other in their marriage settlements. Donations of future property are governed by succession and will formalities. Donations of encumbered property are valid, but the donee is not liable for any deficiency if the property is sold for less than the obligation and entitled to any excess if sold for more. A donation by reason of marriage can be revoked in specific situations

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Art. 82.

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.

Art. 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.

Art. 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.

Art. 85. Donations by reason of marriage of property subject to encumbrances 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 donee shall be entitled to the excess.

Art. 86. A donation by reason of marriage may be revoked by the donor in the following cases:

(1) 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;

(2) When the marriage takes place without the consent of the parents or guardian, as required by law;

(3) When the marriage is annulled, and the donee acted in bad faith;

(4) Upon legal separation, the donee being the guilty spouse;
(5) If it is with a resolutory condition and the condition is complied with;

(6) When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code
on donations in general.

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