Donation Inter Vivos vs. Mortis Causa

How to Ascertain

Designation of the deed of donation must be construed together with the rest of the instrument, in order to give effect to the real intent of the transferror. – Puig vs. Penaflorida

(1) Did the donor transfer ownership during the execution of the deed? (2) To ascertain intent, all deed’s provisions must be read together. – Gestopa vs. CA


Donation Inter vivosDonation Mortis causa
EvidencePublic documentLast will and testament; if not, void
Time of effectivity (when full or naked ownership is transmitted to the donees)During donor’s lifetime or independent of owner’s deathUpon, by reason of owner’s death; no transfer before death
DeliveryMay be during the lifetime or upon death (729)Only upon death
Donee’s dispositionImmediatelyAmbulatory (movable) and not final
Revocabilitydonation will be revoked if donee will not give donor money (resolutory)Yes, before the transferor’s death; donor has the power to revoke and dispose the properties; donor can change his mind
AcceptanceMust be accepted by donee in the same or separate document; donor must be notifiedNo need (donor is dead)
NatureDonee acquired property immediately upon effectivity of instrumentA legacy;
In case of doubtApplies in case of doubt, inter vivosNot default to avoid uncertainty to the ownership of property (default: donee owns automatically)
In consideration of love and affectionApplies hereApplies here
In consideration of past services or remuneratoryApplies hereApplies here
Taken from Alejandro vs. Geraldez, Gestopa vs. CA

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