Donation Propter Nuptias Ordinary Donations

Does not require express acceptance Express acceptance necessary

May be made by minors (Art. 78) Cannot be made by minors
If present property is donated and property is not absolute No limit to donation of present property provided legitimes are
community, limited to 1/5 not impaired
Grounds for revocation - In Art. 86 Grounds for revocation – in donation laws
May include future property Cannot include future property

CPG ACP
1. Property acquired before marriage. ART. 147 Each spouse retains his/her ART.Properties
148 become part of
Applicability 1. man and woman
property; only fruits part of 1. man and woman
community property
2. living together as husband
conjugal propertyand wife 2. living together as husband and
2. Property acquired during marriage 3. with capacity
Part ofto conjugal
marry (Art.5 without wife Becomes conjugal property.
property
3. Upon dissolution of marriage any legal impediment)
Separate properties are returned; 3. NOTNet capacitated
remainder ofto ACPmarrydivided
(Art.35(1)
• at least 18 years
net old profits divided equally under 18 yearsbetween
equally old) spouses or
• not Art. 37 between
(incestuous void marriage)
spouses or heirs. 4. heirs.
adulterous relationship (e.g.
• not Art. 38 (void marriage by reason of concubinage)
4. Basis Capital and properties of Mutual trust and
public policy) 5. bigamous/polyga mous marriage
spouses kept separate and confidence
• not bigamous (Art.35(4))
distinct from benefits; insurmoun between spouses;
4. other void marriages / live-in 6. incestuous marriages under Art.37
table obstacle to presumption of fosters oneness of
7. Void marriages by reason of public
solidarity spouses
policy under Art.38
5. Liquidation Exclusive properties will have to Easier to liquidate because net
Salaries and wages Owned in equal shares Exclusively owned;of married party 
be identified and returned, and remainder community
sometimes, identification property
is of CPG are
properties of legitimate
simply marriage
divided
Properties acquired through exclusive Remains exclusive difficult. provided there is Remains exclusive
between spouses or heirs.
funds proof
Properties acquired by both through work Governed by rules on co-ownership Owned in common in proportion to
or industry respective contribution
Properties acquired while living together • Owned in equal shares since it Presumed to be equal; however, proofs
may be shown to show that their
is presumed to have been
contribution and respective shares are
acquired through joint efforts
not equal
• if one party did not participate
in acquisition, presumed to
have contributed through care
and maintenance of family and
household
Forfeiture in case one party is in bad faith When only one of the parties is in good If one party is validly married to
faith, the share of the party in bad faith another:
shall be forfeited: - his/her share in the co-owned properties
1. In favor of their common children will accrue to the ACP/CPG of his/her
2. In case of default of or waiver by any existing valid marriage If the party who
or acted in bad faith is not validly married to
all of the common children or their another, his/her share shall be forfeited in
descendants, each vacant share shall the same manner as that provided in Art
belong to the respective surviving 147 .The same rules on forfeiture shall
descendants apply if both parties are in bad faith
3. In the absence of such descendants,
such share belongs to the innocent party