Effects of Inofficious Donations

Effects of Donations:

[1] Donees subrogated to all the rights and actions which in case of eviction would pertain to the donor. (Art. 754)
[2] There being no provision regarding payment of debt, donee shall be responsible for payment of donor’s debts only when donation made in fraud of creditors. (Art. 759)
[3] Donation of same thing to two persons – Donee who first accepts shall be preferred. (Note: Article 744 is a mistake. Donation cannot be compared to a sale, because donation is a mode.
Effects of Excessive/Inofficious Donations:

[1] Art. 750 – may comprehend all of present property provided he reserves sufficient means for his support and those of his relatives whom he is legally obliged to support (Art. 750)
[2] No person may give more by way of donation than he may give by will (Art. 752)

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