Art. 126. Donations by reasons 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. (1327)
Main topic: DONATIONS BY REASON OF MARRIAGE
Discussion:
These donations of marriage between the two couple are those which are made before their celebration, these donations are also called dowry. This dowry means a bride purchase or bride price. It is a gift from the groom’s parents to those of the bride.
These dowries have a different kind and each of them has a gift or donations contains. One of this dowries are the:
These dowries have a different kind and each of them has a gift or donations contains. One of this dowries are the:
- BIGAY-KAYA which consist of land, gold, or dependent.
- PANGHIMUYAT, a certain amount of money to be given to the bride to his parents as payment for the mother’s effort in rearing the girl to womanhood.
- BIGAY-SUSO which refers to the bride to be given to the girls wet-nurse who feed the bride during her infancy with milk from her breast.
- HIMARAW with sum of money to be given to the girl’s parent as reimbursement for the amount spent in feeding the girls during infancy and the last is the
- SAMBON, a kind of dowry to be given to the girls relatives.
Furthermore, these wedding gifts or donations are also called donations propter nuptials, “propters” means before, but not all gifts are donations propter nuptias, because wedding gifts may come after the celebration of the marriage. This wedding gifts may consist of jewelry, clothing and outfit given by the parents and ascendant tom their children and descendant.
There are for a conditions valid donations propter nuptias, first it must be made before the celebration of the marriage, it must be made before in consideration of the same and the last is made in favor of one and both of the future spouses. If one of these conditions is not complied with, it may still be considered and valid as an ordinary donation.
Example:
Before the marriage of John and Andrea, John made a donation in a public instrument, in favor of his wife Andrea, with the condition that should Andrea die before him and if God wil not bless their union with any child, ½ of the properties donated shall be given to the natural guardian. Those person who had raised and taken care of her in token of John’s love to her.
Nine months after their wedding, Andrea died without issue . in this situation, her natural guardian may now claim the ½ shared given to them in the died person. But it is not easy as that because it was held that the donation could hardly be considered a donation inter vivos because it was never accepted by the done either in the same instrument of donation or in a separate document as required by the said natural guardians. The donations could not also be categorized or considered as a donation mortis causa the deed of donation did not have the formalities of a will aside the fact that the donation is still alive.
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