Legal Opinion - VALIDITY OF DONATION
Legal Opinion - VALIDITY OF DONATION
Legal Opinion - VALIDITY OF DONATION
LEGAL OPINION
As stated in your letter, the condition is complied with by the donee when
it constructed the said lying-in within the year after the execution of the deed.
Assuming, however, that the donation imposed two obligations: that is,
establishment of a lying-in, and second management of its operation, the donee’s
failure to comply with the second obligation does not ipso facto result to the
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revocation of the said donation. A period must be fixed first by the Court to
determine any delay in the performance of the donee’s obligation.
Article 1197 of the New Civil Code provides that if the obligation does not
fix a period, but from its nature and circumstances it can be inferred that a period
was intended, the courts may fix the duration thereof.
Because of the failure of the Deed of Donation to specify the period within
which to comply with the condition (2 nd assumed condition), and absence of
Court’s determination of such period, there can be no delay in asserting your
right against the Municipal Government of Sto. Domingo, Nueva Ecija—its non-
operation did not nullify the Deed of Donation.
Noted by:
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