Art. 127. These donations are governed by the rules on ordinary donations established in Title III of Book III, except as to their form which shall be regulated by the Statute of Frauds; and insofar as they are not modified by the following articles. (1328a)
Under the above article of Civil Code of the Philippines, the donations by reasons of marriage were governed by the rules or ordinary donations except as to form which the statute of frauds shall regulate. This statute of frauds refers to statutory provisions that require certain kinds of contracts to be set out in writing in order for them to be enforceable.
This donation by reason of marriage are governed, including as to form, by the rules on ordinary donations qualified, by the words “insofar as they are not modified by the following article” (article 84 to 87). The donation of personal property beyond in value of P5,000 for example must appear in writing and acceptance thereof must be writing otherwise the donations is void or invalid.
Generally, all rules on ordinary donations would apply to all donations propter nuptias.
For example:
A donations propter nuptias of land must be in a public instrument in order to be valid. To be valid a donations propter nuptias must be accepted, for no one may be required to accept the generosity of another.
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