Text of the provision
Art. 730. The fixing of an event or the imposition of a suspensive condition, which may take place beyond the natural expectation of life of the donor, does not destroy the nature of the act as a donation inter vivos, unless a contrary intention appears.
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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
Fixing a future event or imposing a suspensive condition that may occur beyond the donor's natural life expectancy does not destroy the character of the act as a donation inter vivos, unless a contrary intention appears.
A donation inter vivos is one that takes effect during the donor’s lifetime, in contrast to a donation that takes effect only upon death. This article makes clear that attaching a future event or a suspensive condition to the donation — even one that might not occur until after the donor could ordinarily be expected to have died — does not by itself turn the gift into that other kind of donation; it remains inter vivos unless the donor’s own intention shows otherwise.
Questions about this provision
- If a donation inter vivos is subject to a suspensive condition that may not occur until after the donor is expected to have died, does it become a donation mortis causa?
- If a donation says it only takes effect if the donor outlives the person receiving it, is that still a donation made during the donor's lifetime?
Related provisions
- Article 729 — Donation Inter Vivos Despite Delayed Delivery.
- Article 731 — Donation Subject To Donor's Survival.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.