Text of the provision
Art. 759. There being no stipulation regarding the payment of debts, the donee shall be responsible therefor only when the donation has been made in fraud of creditors. The donation is always presumed to be in fraud of creditors, when at the time thereof the donor did not reserve sufficient property to pay his debts prior to the donation.
(643)
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
Where nothing is stipulated about debts, the donee answers for them only if the donation was made in fraud of creditors. Fraud is always presumed when the donor did not reserve enough property to pay the debts he owed before the donation.
Related provisions
- Article 758 — Donee's Liability For Donor's Debts.
- Article 764 — Revocation For Non-Compliance With Conditions.
Cases citing this article
- Maria Antonia Siguan vs. Rosa Lim, et al, G.R. No. 134685, November 19, 1999 — 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.