- Statute
- Philippine Civil Code
- Article
- Art. 741
- Topic
- Persons Who May Give or Receive a Donation
- Status
- In force
- Book
- BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
- Title
- TITLE III DONATION
- Chapter
- CHAPTER 2 Persons Who May Give or Receive a Donation
- Formerly
- Art. 626a of the old Civil Code
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
Minors and others who cannot enter into a contract may become donees but acceptance shall be done through their parents or legal representatives. (626a)
Intellegal Wiki · In plain terms
Minors and others who cannot enter into contracts may still receive donations; what they cannot do is accept for themselves, so acceptance is made through their parents or legal representatives. The rule matters because acceptance is not a formality but a requisite: Article 745 requires the donee to accept personally or through a person holding a special power for the purpose or a general and sufficient one, and makes the donation void otherwise, while Article 746 requires acceptance during the lifetime of both donor and donee. Article 738 states the general capacity rule — anyone not specially disqualified by law may accept a donation.
An editorially maintained plain-language explanation of this provision — not legal advice.