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    Revocation of Donations

    Uploaded by

    kdescallar
    This document outlines the prescriptive periods for revoking donations in various situations under Philippine law. It discusses: 1) The donor may or may not revoke a donation within 5 years of the marriage not taking place as planned or if the donation was contained in a marriage settlement and the marriage was void. 2) If a subsequent marriage is void due to non-compliance with legal requirements and the donee spouse was in bad faith, revocation occurs upon finality of the declaration of nullity, and the donor has 8 years to recover movable property and 30 years for real property. 3) For other void marriages where either spouse acted in good or bad faith, a donation can be revoked within 5 years

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    Revocation of Donations

    Uploaded by

    kdescallar
    228 views2 pages
    This document outlines the prescriptive periods for revoking donations in various situations under Philippine law. It discusses: 1) The donor may or may not revoke a donation within 5 years of the marriage not taking place as planned or if the donation was contained in a marriage settlement and the marriage was void. 2) If a subsequent marriage is void due to non-compliance with legal requirements and the donee spouse was in bad faith, revocation occurs upon finality of the declaration of nullity, and the donor has 8 years to recover movable property and 30 years for real property. 3) For other void marriages where either spouse acted in good or bad faith, a donation can be revoked within 5 years

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    This document outlines the prescriptive periods for revoking donations in various situations under Philippine law. It discusses: 1) The donor may or may not revoke a donation within 5 years of the marriage not taking place as planned or if the donation was contained in a marriage settlement and the marriage was void. 2) If a subsequent marriage is void due to non-compliance with legal requirements and the donee spouse was in bad faith, revocation occurs upon finality of the declaration of nullity, and the donor has 8 years to recover movable property and 30 years for real property. 3) For other void marriages where either spouse acted in good or bad faith, a donation can be revoked within 5 years

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    228 views2 pages

    Revocation of Donations

    Uploaded by

    kdescallar
    This document outlines the prescriptive periods for revoking donations in various situations under Philippine law. It discusses: 1) The donor may or may not revoke a donation within 5 years of the marriage not taking place as planned or if the donation was contained in a marriage settlement and the marriage was void. 2) If a subsequent marriage is void due to non-compliance with legal requirements and the donee spouse was in bad faith, revocation occurs upon finality of the declaration of nullity, and the donor has 8 years to recover movable property and 30 years for real property. 3) For other void marriages where either spouse acted in good or bad faith, a donation can be revoked within 5 years

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    REVOCATION OF DONATIONS

    SITUATION
    REVOKED
    BY LAW

    DONOR
    MAY OR
    MAY NOT
    REVOKE
    PRESCRIPTIVE PERIOD FOR: a) DONORS
    REVOCATION b) DECLARATION THAT
    DONATION IS VOID c) RECOVER THING
    DONATED d) WHEN REVOCATION BY LAW
    HAPPENS
    Marriage celebration did not take
    place


    5 yrs. from the day the marriage is not
    solemnized on the fixed date
    Donation is void and contained in
    the marriage settlement


    declaration that donation is void:
    no prescription
    Subsequent void marriage for
    non-compliance with
    requirements of Art. 40, in rel. to
    Art. 52 & 53, and donee-spouse
    in bad faith


    Revocation by law happens upon finality
    of the declaration of nullity of the
    subsequent marriage
    If donee from does not want to
    return:
    a. movable property
    b. real property

    from time possession of property is lost =
    from finality of judicial dec. of nullity
    8 years
    30 years
    Both spouses of subsequent void
    marriage in bad faith, where
    there is presumptive death of
    absent spouse of 1
    st
    marriage
    (Art. 41 & 44)


    Other void marriages

    good faith of either or both spouses is
    irrelevant.
    Subsequent void bigamous
    marriage (1
    st
    marriage still
    subsists)
    ex:
    X (2
    nd
    spouse of A) donates to A
    (still married to 1
    st
    spouse, B)



    Persons guilty of Adulterous
    Rel./Concubinage
    ex:
    A (still married to B) donates to X
    (2
    nd
    spouse/paramor)
    donation is void
    Both parties of void marriage in
    good faith,
    example: Where spouses of
    subsequent marriage, in good
    faith, did not liquidate or
    distribute properties and record


    5 yrs. from finality of judicial declaration
    of nullity
    judicial decrees of nullity,
    believing marriage is valid (Art.
    52)
    Annullable marriage w/o parental
    consent


    5 yrs. from the time donor knew that
    parties did not obtain parental consent
    Annulled marriage and donee
    acted in bad faith

    a. revoked by law (more keeping w/ spirit
    of law)
    b. donor may/may not revoke: 5 yrs. from
    the finality of annulment decree
    Annullable marriages, where
    spouses are not in bad faith even
    if Art. 47 refers to injured party
    donation cannot be revoked
    Legal Separation

    5 yrs. from finality of legal separation
    decree
    Donations w/ resolutory
    condition, which is complied with

    5 yrs. from the happening of the
    resolutory condition
    Valid donations made by 1
    spouse to the other, where
    resolutory condition is complied

    Spouse may recover anytime, w/o
    prescription
    Donees acts of ingratitude

    1 yr. from the time donor knew of the act
    of ingratitude
    (alienations, mortgages effected before
    revocation shall subsist)
    All actions whose periods are not
    fixed in the Civil Code


    5 yrs. from the time the right of action
    accrues

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