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  • Donation Immovable To Be Valid

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    Donations of immovable property must be made through a public document to be valid according to Article 749 of the Civil Code. The public document must specify the donated property and any obligations the recipient must take on. For the donation to take effect, the recipient must accept the donation either in the donation document or a separate public document, and both documents must be signed during the donor's lifetime.

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    Requisites for Donation of Immovable Property

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    Donation immovable to be valid

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    Donations of immovable property must be made through a public document to be valid according to Article 749 of the Civil Code. The public document must specify the donated property and any obligations the recipient must take on. For the donation to take effect, the recipient must accept the donation either in the donation document or a separate public document, and both documents must be signed during the donor's lifetime.

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    © All Rights Reserved
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    24 views1 page

    Donation Immovable To Be Valid

    Uploaded by

    jaypunzalan
    Donations of immovable property must be made through a public document to be valid according to Article 749 of the Civil Code. The public document must specify the donated property and any obligations the recipient must take on. For the donation to take effect, the recipient must accept the donation either in the donation document or a separate public document, and both documents must be signed during the donor's lifetime.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
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    Donation immovable to be valid

    Generally, contracts are obligatory in whatever form they may have been
    entered into, provided all the essential requisites for their validity are
    present.

    When, however, the law requires that a contract be in some form in order
    that it may be valid, that requirement is absolute and indispensable. Its
    non-observance renders the contract void and of no effect.

    Thus, under Article 749 of the Civil Code –

    Article 749. In order that the donation of an immovable


    property may be valid, it must be made in a public
    document, specifying therein the property donated and the
    value of the charges which the donee must satisfy.

    The acceptance may be made in the same deed of donation or in a


    separate public document, but it shall not take effect unless it is done
    during the lifetime of the donor.

    If the acceptance is made in a separate instrument, the donor shall be


    notified thereof in an authentic form, and this step shall be noted in
    both instruments.

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