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Q. |
A and B are married. They have a joint account in a bank. They executed a survivorship agreement that upon the death of one of them, the full amount of money in their account shall become the property of the survivor. Is the agreement valid? |
A. | No, because it is a donation mortis causa which did not comply with the formalities of the law; |
B. | No, it is a donation inter vivos prohibited under Article 87, Family Code; |
C. | Yes, because it is an aleatory contract subject to an uncertain even which is death of either party. (Art. 2010, NCC; Vitug v. CA, 183 SCRA 755) |
D. | No, by reason of public policy. |
Answer» C. Yes, because it is an aleatory contract subject to an uncertain even which is death of either party. (Art. 2010, NCC; Vitug v. CA, 183 SCRA 755) |
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