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Art. 82.

Donations by reason 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
 Donations Propter Nuptias
- Three (3) requisites to be considered
Donation Propter Nuptias
 Donation Propter Nuptias may still be valid
even if the marriage never took place (Art
 Resolutory condition
- I will sell you my crop of cotton, if my ship
America does not arrive in the United States,
within six months. My ship arrives in one
month, my contract with you is revoked.
Art. 83. These donations are
governed by the rules on ordinary
donations established in Title III of
Book III of the Civil Code, insofar as
they are not modified by the
following articles. (127a)
Article 748

Article 749
Art. 84. If the future spouses agree
upon a regime other than the absolute
community of property, they cannot
donate to each other in their marriage
settlements more than one-fifth of
their present property. Any excess shall
be considered void.
Donations of future property shall be
governed by the provisions on
testamentary succession and the
formalities of wills.
 Limitation
-one fifth (1/5)
 Donation of Future Property
Art. 85. Donations by reason of
marriage of property subject to
encumbrances shall be valid. In case of
foreclosure of the encumbrance and
the property is sold for less than the
total amount of the obligation secured,
the donee shall not be liable for the
deficiency. If the property is sold for
more than the total amount of said
obligation, the donee shall be entitled
to the excess.
 Encumbrance
 Foreclosure
Art. 86. A donation by reason of marriage may be revoked
by the donor in the following cases:
(1) If the marriage is not celebrated or judicially declared
void ab initio except donations made in the marriage
settlements, which shall be governed by Article 81;(2)
When the marriage takes place without the consent of the
parents or guardian, as required by law;
(3) When the marriage is annulled, and the donee acted in
bad faith;
(4) Upon legal separation, the donee being the guilty
(5) If it is with a resolutory condition and the condition is
complied with;
(6) When the donee has committed an act of ingratitude as
specified by the provisions of the Civil Code on donations
in general.
 By Reason of Non Celebration of
 By Reason of Judicial Declaration of
Nullity of Marriage
 By Reason of Annulment of Marriage
 By Reason of Legal Seperation
 By Reason of Compliance of Resolutory
 By Reason of Acts of Ingratitude
Art. 87. Every donation or grant of
gratuitous advantage, direct or
indirect, between the spouses
during the marriage shall be void,
except moderate gifts which the
spouses may give each other on the
occasion of any family rejoicing. The
prohibition shall also apply to
persons living together as husband
and wife without a valid marriage.
 Donations During Marriage
-Bitangcor V Tan
 Other Prohibited Transactions