Art. 127. These donations are governed by the rules on ordinary donations established in Title III of Book III, except as to their form which shall be regulated by the Statute of Frauds; and insofar as they are not modified by the following articles. (1328a)
Under the above article of Civil Code of the Philippines, the donations by reasons of marriage were governed by the rules or ordinary donations except as to form which the statute of frauds shall regulate. This statute of frauds refers to statutory provisions that require certain kinds of contracts to be set out in writing in order for them to be enforceable.
This donation by reason of marriage are governed, including as to form, by the rules on ordinary donations qualified, by the words “insofar as they are not modified by the following article” (article 84 to 87). The donation of personal property beyond in value of P5,000 for example must appear in writing and acceptance thereof must be writing otherwise the donations is void or invalid.
When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership. In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares.
When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership. In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares.
Generally, all rules on ordinary donations would apply to all donations propter nuptias.
For example:
A donations propter nuptias of land must be in a public instrument in order to be valid. To be valid a donations propter nuptias must be accepted, for no one may be required to accept the generosity of another.
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