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PROPERTY RELATIONS OF THE SPOUSES

A. Requisites for validity of marriage settlements


1. Prior to marriage: modifications
2. Form & registration requirement
3. Celebration of the marriage
B. Parties to a marriage settlement
1. Who may enter into settlements
2. Participation of parents/guardians
C. Which law governs property relations
1. Stipulation in marriage settlements
2. If both Filipinos
3. Mixed marriage between Filipino and alien
4. If both aliens
S. For property located outside RP
D. Donations propter nuptias
1. Definition
Solis v. Solis (l928)
Facts: Spouses Juan and Maria made a donation propter nuptias to ~ir son Alejo and his futlU"e wife Fortunata
Solis in a private doclDDent in consideration of the marriage which ~y were entered into 6 days after. One of the
coooitions of the donation is that in case of ~ death of one of the donees, one-half of these lands thus donated
would revert to the donors while the surviving donee wonld retain ~ other half. In less u.m two months, Alejo
died, followed by his father Juan. Maxima tOOn recovered poSSCSS>n of fix: domted IaOOs. FoItunata filed an action
praying for ~ execution of the proper deed of donation according to Jaw, which is a public document.
Issues: WON article 1279 of the Civil Code, relating to contracts, is applicable to the present case?
Beld/Ratio: NO, A donation propter nuptias according to article 1328 of~ ok! Civil Code is governed by the rules
on donations. Article 633 provides tlIat in order that a donation of real property may be valid, it must be made in a
public instrwnent. This is the article applicable to donation propter nuptias in so far as its formal validity is
coMemed, and not Art. 1279 which refers to contracts. The donation propter nuptias at hand is not valid and did not
create any right sioce it was oot made in a public instrument.
The present donation propter nuptias is not onerous, as to be governed by the rules on contIacts. In donations
p~ter nuptias, the marriage is really a consideration. but oot in the sense of being necessary to give birth to the
obligation. There may be a valid donation propter nuptias, even without lnarriage, if the proper action for revocation
were not instituted, or if it were instituted after the lapse of the stattitolY period of prescription This is so because
the lnarriage in a donation propter nuptias is mtler a resokltory comition which. as such, presupposes the existeMe
of the obligation which may be resolved or revoked, and it is not a coIKiition necessary for the birth of the
obligation
2.
3.4.
5.
Form of donations
Who may be donors
What may be donated by a spouse as donor
Void donations by the spouses
a. Donations during the marriage
b. :;Oonations in common law marriages