Property and the Different Modes of Acquiring Ownership

Article 735

All persons who may contract and dispose of their property may make a donation. (624)

Article 736

Guardians and trustees cannot donate the property entrusted to them. (n)

Article 737

The donor's capacity shall be determined as of the time of the making of the donation. (n)

Article 738

Al those who are not specially disqualified by law therefor may accept donations. (625)

Article 739

The following donations shall be void: (1) Those made between persons who were guilty of adultery or concubinage at the time of the donation; (2) Those made between persons found guilty of the same criminal offense, in consideration thereof; (3) Those made to a public officer or his wife, descendants and ascendants, by reason of his office. In the case referred to in No. 1, the action for declaration of nullity may be brought by the spouse of the donor or donee; and the guilt of the donor and donee may be proved by preponderance of evidence in the same action. (n)

Article 740

Incapacity to succeed by will shall be applicable to donations inter vivos. (n)

Article 741

Minors and others who cannot enter into a contract may become donees but acceptance shall be done through their parents or legal representatives. (626a)

Article 742

Donations made to conceived and unborn children may be accepted by those persons who would legally represent them if they were already born. (627)

Article 743

Donations made to incapacitated persons shall be void, though simulated under the guise of another contract or through a person who is interposed. (628)

Article 744

Donations of the same thing to two or more different donees shall be governed by the provisions concerning the sale of the same thing to two or more different persons. (n)

Article 745

The donee must accept the donation personally, or through an authorized person with a special power for the purpose, or with a general and sufficient power; otherwise, the donation shall be void. (630)

Article 746

Acceptance must be made during the lifetime of the donor and of the donee. (n)

Article 747

Persons who accept donations in representation of others who may not do so by themselves, shall be obliged to make the notification and notation of which article 749 speaks. (631)

Article 748

The donation of a movable may be made orally or in writing. An oral donation requires the simultaneous delivery of the thing or of the document representing the right donated. If the value of the personal property donated exceeds five thousand pesos, the donation and the acceptance shall be made in writing. Otherwise, the donation shall be void. (632a)

Article 749

In order that the donation of an immovable 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. (633)