Q.

A executed a deed of donation in favor of B and sent it to Ilocos Norte. One month later A became insane and still insane when he received the notice of acceptance of the donation. He died without recovering his sanity. Is the donation valid?

A. Yes, because at the time of the donation, he was capacitated;
B. Yes, because the acceptance can even be conveyed to his legal representatives;
C. Yes, because there is only one moment which must be considered inorder to determine the donor’s capacity to make donation, that is the time of the making of the donation (Art. 737, NCC) when he offered to donate;
D. No, Article 737 declares that the donor’s capacity shall be determined as of the time of the making of the donation and in relation to Article 734, NCC, the law declares that a donation is perfected from the moment the donor knows of the acceptance of the donation.
Answer» D. No, Article 737 declares that the donor’s capacity shall be determined as of the time of the making of the donation and in relation to Article 734, NCC, the law declares that a donation is perfected from the moment the donor knows of the acceptance of the donation.
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