1. Perfection of Donation – from the moment the donor knows of the donee’s acceptance (734).

2. Capacity to be a Donor – Donor’s capacity shall be determined as of the time of the making, and not at the perfection of the donation, subsequent incapacity of donor shall not affect validity of donation (737).

3. Donation of Movable Property – Oral donation: Requiring the simultaneous delivery of the thing or of the

document representing the right. Written donation and acceptance: when the value of the movable exceeds

5,000, otherwise, void (748). 4. Donation of Immovable Property:

To be valid, donation shall be in a public document specifying the property and the value of the charges imposed on the done.

Acceptance by donee may be in the same deed of donation OR in separate public instrument, which shall be done during lifetime of donor.

i. IF in separate public instrument: donor shall be notified thereof in authentic form (under oath) and this step shall be noted in both instruments (749).

5. Forms of Donation: Intervivos Takes effect during the lifetime of the donor Must follow the formalities of donations (if simple and ordinary) Cannot be revoked except for grounds provided for by law In case of impairment of the legitime, the donations inter vivos are

preferred to donations mortis causa (priority in time is priority in right) The right of disposition is completely transferred to the donee (although

certain reservations as to usufruct, for example, may be made) Acceptance by donee must be during lifetime of donor

i. Pure/Simple – Cause of the donation is pure liberality of the donorii. Remuneratory – When donation is given out of gratitude for the

services rendered by the donee, provided the services do not constitute a demandable or renounced debt

iii. Modal – Donation imposes on the donee a burden or services to be performed that is less than the value of the thing or right donated

iv. Onerous – When consideration for which donation is made is purely onerous or equal to the value of the thing donated.

Mortis Causai. Takes effect after the death of the donor

ii. Must follow the formalities of wills or codicils (holographic or notarial)

iii. Can be revoked at any time and for any reason while the donor is still alive; essentially revocable or revocable ad mutuum

iv. In case the legitime is impaired, donations mortis causa (since they partake of the nature of, or are really, legacies or devises) are reduced ahead of donations inter vivos, the latter being preferred

v. The right of disposition is not transferred to the donee while the donor is still alive

vi. Acceptance by donee mortis cause can only be made after the death of the donor; any prior acceptance is immaterial or void. (As a rule, there can be no contract relating to future inheritance.)