What rules apply to a donation that takes effect during the donor's lifetime instead of at death?

What "inter vivos" means for a donation

A donation inter vivos is one meant to take effect while the donor is still alive, as opposed to a donation that only takes effect after the donor's death. Article 732 does not itself list every rule for this kind of gift; instead it tells a reader where to look once the Title on Donation runs out of specific answers.

Why general contract law fills the gaps

Because a donation is still a voluntary transfer that one party makes and another accepts, many ordinary contract concepts apply to it: capacity to give consent, a lawful object, and rules on when an agreement can be annulled or rescinded. Article 732 makes that connection explicit for donations meant to take effect immediately, so a court facing a question the donation rules do not answer turns to the Civil Code's chapters on obligations and contracts. That cross-reference also confirms that a donation is fundamentally consensual: without a valid meeting of minds between donor and donee, the transfer can be attacked using the same grounds available in any ordinary contract dispute.

How this differs from donations that take effect at death

Donations meant to take effect only upon the donor's death are treated instead under the rules on succession and the formalities required for wills, not under this article. That distinction matters because the two paths carry different formal requirements and different consequences if the donor changes their mind, so correctly classifying a gift as inter vivos or otherwise is often the first step in any dispute over it.

Practical implications for donors and recipients

For a donor structuring a lifetime gift, this means both sets of rules can matter: the specific donation provisions on acceptance, form, and revocation, and the general contract provisions on consent, capacity, and validity of the underlying agreement. Anyone drafting or challenging a deed of donation should have both bodies of law reviewed together rather than relying on the donation title alone. Because Article 732 makes that link automatic, no separate provision needs to be invoked each time a contract issue arises inside a donation dispute.

Where donations sit relative to onerous or remuneratory gifts

The article immediately after this one addresses onerous and remuneratory donations, gifts made subject to a burden or given in consideration of services, which are treated somewhat differently because they resemble ordinary bargained-for exchanges more closely than a pure gift does. Reading Article 732 alongside that provision helps clarify how much of a transaction has to look like a true donation before the donation rules, rather than plain contract rules, take over.

Cases citing this provision

These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.

• In Re: Petition for recognition of foreign Judgment of divorce with prayer to change, G.R. No. 254484, November 24, 2021 — read the decision on LawPhil →
• Maria Teresa Dino Basa-Egami vs. Dr. Lisa Grace Bersales, in her capacity as the, G.R. No. 249410, July 6, 2022 — read the decision on LawPhil →
• Camarines Sur Teachers and Employees Association, Inc., represented by its President, Dr. Antonio A, G.R. No. 199666, October 7, 2019 — read the decision on LawPhil →
• Province of Camarines Sur, represented by Governor Luis Raymund F. Villafuerte, Jr. vs. Bodega Glassware, represented by its owner Joseph D. Cabral, G.R. No. 194199, March 22, 2017 — read the decision on LawPhil →

Related provisions

• Civil Code, Article 732 — Law Governing Donations Inter Vivos
• Civil Code, Article 731 — Donation Subject To Donor's Survival
• Civil Code, Article 733 — Onerous And Remuneratory Donations