Art. 133. Every donation between the spouses during the marriage shall be void. This prohibition does not apply when the donation takes effect after the death of the donor.
Neither does this prohibition apply to moderate gifts which the spouses may give each other on the occasion of any family rejoicing. (1334a)
What are the bases of marriage void?
Marriage void are those contracted by any party below 18 years of age even with the consent of parents or guardians, those solemnized by any person who are not legally authorized to perform marriage unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so, those contracted through mistake of one contracting party as to the indentify of the other, and the last are subsequent marriage are void.
As stated in the above article the prohibition does not apply when the donation takes effect after the death of the donor meaning it shall only apply to the persons who are living together as husband and wife.
And also the prohibition above is not only a donation but also a grant of gratuitous advantages. A gratuitous advantage may take the form of usufruct or commodatum or waiver, or compromise or similar legal devices or contrivances designed to circumvent the above article.
There are reasons for the general prohibition of donations between spouses, first is to protect creditors, to prevent the weaker spouses from being influence by the strong spouses and to prevent an indirect violation of the rule prohibiting modifications of the marriage settlement during the existence of the marriage.
Moderate donations or gift between spouses are valid, if it will be given on the occasion of a family rejoicing. The exception is a moderate gift to the spouses on the occasion of a family rejoicing and they may be during the birthday of the done-spouses, during the wedding anniversary, Christmas celebration and when the done-spouses become awardee for some worthy achievement. As to whether or not the donation is moderate depends upon the circumstances.
Although the donation is void, not everybody can assail its validity. Only those prejudiced by the transfer may take advantage of the fact that the donation is void.
Example:
Rafael brought an automobile for a gift of his wife Kristina on her birthday, it was subsequently insured for P 3,000. When the car was later completely damaged and destroyed, Kristina sought to recover the insurance indemnity, but the insurer pleaded in defense that Kristina had no insurable interest in the car. Now, the donation or gift by her husband Rafael is being void.
It was that the insurer company failed to show that the gift was not a moderate one considering the circumstances of the parties and even if the gift had not been a moderate one, the company cannot assail the validity of the donation, because at the time of transfer, it was a creditor. The transfer could not have therefore prejudiced it.
It was that the insurer company failed to show that the gift was not a moderate one considering the circumstances of the parties and even if the gift had not been a moderate one, the company cannot assail the validity of the donation, because at the time of transfer, it was a creditor. The transfer could not have therefore prejudiced it.
It was held that the insurer company failed to show that the gift was not moderate one, consisting the circumstances of the parties and even if the gift had not been a moderate one, the company cannot assail the validity of the donation , because at the time of transfer, it was a creditor. The transfer could not have therefore prejudiced it.
Modes of Revocation of Donation between Spouses
Revocation can be achieved by the unilateral will of the donor spouses; he may revoke the donation anytime during the marriage, or after the death of the done husband and even against his heirs. Donation between spouses becomes irrevocable only by the death of the donor spouses, due to the fact that it is an exclusive and personal rights of the donor and may not be exercised by his heirs.
Revocation of donation must not be made through a court action; it can be taken in anyway, consisting in subsequent act of the donor from which results the will to revoke the donation.
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