Chapter 2. Donations by Reason of Marriage

Art. 82. Donations by reason of marriage are those which are made absolute community of property act of ingratitude any family rejoicing before its celebration deficiency donee acted in bad faith encumbrances foreclosure formalities of wills gratuitous advantage judicially declared void ab initio legal separation living together as husband and wife without a valid marriage moderate gifts one-fifth of their present property ordinary donations resolutory condition revoked testamentary succession total amount of the obligation secured without the consent of the parents or guardian , in consideration of the same, and in favor of one or both of the future spouses.

Art. 83. These donations are governed by the rules on absolute community of property act of ingratitude any family rejoicing before its celebration deficiency donee acted in bad faith encumbrances foreclosure formalities of wills gratuitous advantage judicially declared void ab initio legal separation living together as husband and wife without a valid marriage moderate gifts one-fifth of their present property ordinary donations resolutory condition revoked testamentary succession total amount of the obligation secured without the consent of the parents or guardian established in Title III of Book III of the Civil Code, insofar as they are not modified by the following articles.

Art. 84. If the future spouses agree upon a regime other than the absolute community of property act of ingratitude any family rejoicing before its celebration deficiency donee acted in bad faith encumbrances foreclosure formalities of wills gratuitous advantage judicially declared void ab initio legal separation living together as husband and wife without a valid marriage moderate gifts one-fifth of their present property ordinary donations resolutory condition revoked testamentary succession total amount of the obligation secured without the consent of the parents or guardian , they cannot donate to each other in their marriage settlements more than absolute community of propertyact of ingratitudeany family rejoicingbefore its celebrationdeficiencydonee acted in bad faithencumbrancesforeclosureformalities of willsgratuitous advantagejudicially declared void ab initiolegal separationliving together as husband and wife without a valid marriagemoderate giftsone-fifth of their present propertyordinary donationsresolutory conditionrevokedtestamentary successiontotal amount of the obligation securedwithout the consent of the parents or guardian. Any excess shall be considered void.

Donations of future property shall be governed by the provisions on absolute community of propertyact of ingratitudeany family rejoicingbefore its celebrationdeficiencydonee acted in bad faithencumbrancesforeclosureformalities of willsgratuitous advantagejudicially declared void ab initiolegal separationliving together as husband and wife without a valid marriagemoderate giftsone-fifth of their present propertyordinary donationsresolutory conditionrevokedtestamentary successiontotal amount of the obligation securedwithout the consent of the parents or guardian and the absolute community of propertyact of ingratitudeany family rejoicingbefore its celebrationdeficiencydonee acted in bad faithencumbrancesforeclosureformalities of willsgratuitous advantagejudicially declared void ab initiolegal separationliving together as husband and wife without a valid marriagemoderate giftsone-fifth of their present propertyordinary donationsresolutory conditionrevokedtestamentary successiontotal amount of the obligation securedwithout the consent of the parents or guardian.

Art. 85. Donations by reason of marriage of property subject to absolute community of property act of ingratitude any family rejoicing before its celebration deficiency donee acted in bad faith encumbrances foreclosure formalities of wills gratuitous advantage judicially declared void ab initio legal separation living together as husband and wife without a valid marriage moderate gifts one-fifth of their present property ordinary donations resolutory condition revoked testamentary succession total amount of the obligation secured without the consent of the parents or guardian shall be valid. In case of absolute community of propertyact of ingratitudeany family rejoicingbefore its celebrationdeficiencydonee acted in bad faithencumbrancesforeclosureformalities of willsgratuitous advantagejudicially declared void ab initiolegal separationliving together as husband and wife without a valid marriagemoderate giftsone-fifth of their present propertyordinary donationsresolutory conditionrevokedtestamentary successiontotal amount of the obligation securedwithout the consent of the parents or guardian of the encumbrance and the property is sold for less than the absolute community of propertyact of ingratitudeany family rejoicingbefore its celebrationdeficiencydonee acted in bad faithencumbrancesforeclosureformalities of willsgratuitous advantagejudicially declared void ab initiolegal separationliving together as husband and wife without a valid marriagemoderate giftsone-fifth of their present propertyordinary donationsresolutory conditionrevokedtestamentary successiontotal amount of the obligation securedwithout the consent of the parents or guardian, the donee shall not be liable for the absolute community of propertyact of ingratitudeany family rejoicingbefore its celebrationdeficiencydonee acted in bad faithencumbrancesforeclosureformalities of willsgratuitous advantagejudicially declared void ab initiolegal separationliving together as husband and wife without a valid marriagemoderate giftsone-fifth of their present propertyordinary donationsresolutory conditionrevokedtestamentary successiontotal amount of the obligation securedwithout the consent of the parents or guardian. If the property is sold for more than the total amount of said obligation, the donee shall be entitled to the excess.

Art. 86. A donation by reason of marriage may be absolute community of property act of ingratitude any family rejoicing before its celebration deficiency donee acted in bad faith encumbrances foreclosure formalities of wills gratuitous advantage judicially declared void ab initio legal separation living together as husband and wife without a valid marriage moderate gifts one-fifth of their present property ordinary donations resolutory condition revoked testamentary succession total amount of the obligation secured without the consent of the parents or guardian by the donor in the following cases:

(1) If the marriage is not celebrated or absolute community of propertyact of ingratitudeany family rejoicingbefore its celebrationdeficiencydonee acted in bad faithencumbrancesforeclosureformalities of willsgratuitous advantagejudicially declared void ab initiolegal separationliving together as husband and wife without a valid marriagemoderate giftsone-fifth of their present propertyordinary donationsresolutory conditionrevokedtestamentary successiontotal amount of the obligation securedwithout the consent of the parents or guardian except donations made in the marriage settlements, which shall be governed by Article 81;

(2) When the marriage takes place absolute community of propertyact of ingratitudeany family rejoicingbefore its celebrationdeficiencydonee acted in bad faithencumbrancesforeclosureformalities of willsgratuitous advantagejudicially declared void ab initiolegal separationliving together as husband and wife without a valid marriagemoderate giftsone-fifth of their present propertyordinary donationsresolutory conditionrevokedtestamentary successiontotal amount of the obligation securedwithout the consent of the parents or guardian, as required by law;

(3) When the marriage is annulled, and the absolute community of propertyact of ingratitudeany family rejoicingbefore its celebrationdeficiencydonee acted in bad faithencumbrancesforeclosureformalities of willsgratuitous advantagejudicially declared void ab initiolegal separationliving together as husband and wife without a valid marriagemoderate giftsone-fifth of their present propertyordinary donationsresolutory conditionrevokedtestamentary successiontotal amount of the obligation securedwithout the consent of the parents or guardian;

(4) Upon absolute community of propertyact of ingratitudeany family rejoicingbefore its celebrationdeficiencydonee acted in bad faithencumbrancesforeclosureformalities of willsgratuitous advantagejudicially declared void ab initiolegal separationliving together as husband and wife without a valid marriagemoderate giftsone-fifth of their present propertyordinary donationsresolutory conditionrevokedtestamentary successiontotal amount of the obligation securedwithout the consent of the parents or guardian, the donee being the guilty spouse;

(5) If it is with a absolute community of propertyact of ingratitudeany family rejoicingbefore its celebrationdeficiencydonee acted in bad faithencumbrancesforeclosureformalities of willsgratuitous advantagejudicially declared void ab initiolegal separationliving together as husband and wife without a valid marriagemoderate giftsone-fifth of their present propertyordinary donationsresolutory conditionrevokedtestamentary successiontotal amount of the obligation securedwithout the consent of the parents or guardian and the condition is complied with;

(6) When the donee has committed an absolute community of propertyact of ingratitudeany family rejoicingbefore its celebrationdeficiencydonee acted in bad faithencumbrancesforeclosureformalities of willsgratuitous advantagejudicially declared void ab initiolegal separationliving together as husband and wife without a valid marriagemoderate giftsone-fifth of their present propertyordinary donationsresolutory conditionrevokedtestamentary successiontotal amount of the obligation securedwithout the consent of the parents or guardian as specified by the provisions of the Civil Code on donations in general. (132a)

Art. 87. Every donation or grant of absolute community of property act of ingratitude any family rejoicing before its celebration deficiency donee acted in bad faith encumbrances foreclosure formalities of wills gratuitous advantage judicially declared void ab initio legal separation living together as husband and wife without a valid marriage moderate gifts one-fifth of their present property ordinary donations resolutory condition revoked testamentary succession total amount of the obligation secured without the consent of the parents or guardian , direct or indirect, between the spouses during the marriage shall be void, except absolute community of propertyact of ingratitudeany family rejoicingbefore its celebrationdeficiencydonee acted in bad faithencumbrancesforeclosureformalities of willsgratuitous advantagejudicially declared void ab initiolegal separationliving together as husband and wife without a valid marriagemoderate giftsone-fifth of their present propertyordinary donationsresolutory conditionrevokedtestamentary successiontotal amount of the obligation securedwithout the consent of the parents or guardian which the spouses may give each other on the occasion of absolute community of propertyact of ingratitudeany family rejoicingbefore its celebrationdeficiencydonee acted in bad faithencumbrancesforeclosureformalities of willsgratuitous advantagejudicially declared void ab initiolegal separationliving together as husband and wife without a valid marriagemoderate giftsone-fifth of their present propertyordinary donationsresolutory conditionrevokedtestamentary successiontotal amount of the obligation securedwithout the consent of the parents or guardian. The prohibition shall also apply to persons absolute community of propertyact of ingratitudeany family rejoicingbefore its celebrationdeficiencydonee acted in bad faithencumbrancesforeclosureformalities of willsgratuitous advantagejudicially declared void ab initiolegal separationliving together as husband and wife without a valid marriagemoderate giftsone-fifth of their present propertyordinary donationsresolutory conditionrevokedtestamentary successiontotal amount of the obligation securedwithout the consent of the parents or guardian.