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Donating Property Before Marriage
« on: October 16, 2012, 08:09:57 PM »
X and Y were to marry in 3 months.  Meantime, to express his affection, X
donated a house and lot to Y, which donation X wrote in a letter to Y.  Y wrote back, accepting the donation and took possession of the property. Before the wedding, however, Y suddenly died of heart attack. Can Y’s heirs get the
property?

A. No, since the marriage did not take place.
B. Yes, since all the requisites of a donation of an immovable are present.
C. No, since the donation and its acceptance are not in a public instrument.
D. Yes, since X freely  donated the property to Y who became its owner.

answer is letter C

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