Checklist For A Valid Donation
1. Is the donation gratuitous?
a. If it is onerous, then the law on contracts will apply.
2. Is the donation inter vivos?
a. If it is mortis causa, then the law on succession shouldapply.
3. Does the parties have the capacity to give or receive donations?
a. Take into consideration those prohibited donations as against public policy, unworthiness and incapacity given by Articles 1027 and 1032
4. Perfection of the donation
5. Are there any grounds for reduction or revocation?
a. For reduction, there are three grounds
b. For revocation, there are four grounds
Notes in Donation
1. Donation is hard to sustain given the many requirements and conditions that have to be met.
2. Donation is both an act and a contract
3. There should be consideration given to the differences between a donation inter vivos and donation mortis causa
4. Take note that there are different applicable rules when it comes to Civil Law and Taxation. The same question may be asked regarding donation but there can be different answers depending on the law being applied, on whether it is civil law or tax law.