Text of the provision
Art. 729. When the donor intends that the donation shall take effect during the lifetime of the donor, though the property shall not be delivered till after the donor's death, this shall be a donation inter vivos. The fruits of the property from the time of the acceptance of the donation, shall pertain to the donee, unless the donor provides otherwise.
(n)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
If the donor intends the donation to take effect during his lifetime, it is a donation inter vivos even though delivery is postponed until after his death. The fruits from the time of acceptance belong to the donee unless the donor provides otherwise.
Related provisions
- Article 728 — Donations Effective Upon Death.
- Article 730 — Suspensive Condition Does Not Change Nature.
Cases citing this article
- Ursulina Ganuelas, et al. vs. Hon. Robert T. Cawed, et al, G.R. No. 123968, April 24, 2003 — read the decision on LawPhil →
- Ernesto Sicad, et al. vs. Court of Appeals, et al, G.R. No. 125888, August 13, 1998 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.