A, married to B, donated in 2010 a parcel of land belonging to the conjugal partnership to C, a minor of 16, subject to the condition that C shall become his mistress. The donation was duly accepted by C and by her parents. After the perfection of the donation, C became the mistress of A. When A died in 2015, his widow, B, and his legitimate children, X and Y, took possession of the land. Subsequently, C commenced an action for recovery of the property. Defendants advanced the defense that the contract of donation is inexistent because of the illegality of the cause; consequently, it has not produced any effect whatsoever. Plaintiff, however, contended that what is illegal is the motive of the donor and not the cause, since the contract in this case is one of pure beneficence. a.)What is the character of the contract — is it valid, void or inexistent? Reasons. b.) Assuming that the contract is either void or inexistent, what are its effects if any? Reasons.
A, married to B, donated in 2010 a parcel of land belonging to the conjugal partnership to C, a minor of 16, subject to the condition that C shall become his mistress. The donation was duly accepted by C and by her parents. After the perfection of the donation, C became the mistress of A. When A died in 2015, his widow, B, and his legitimate children, X and Y, took possession of the land. Subsequently, C commenced an action for recovery of the property. Defendants advanced the defense that the contract of donation is inexistent because of the illegality of the cause; consequently, it has not produced any effect whatsoever. Plaintiff, however, contended that what is illegal is the motive of the donor and not the cause, since the contract in this case is one of pure beneficence. a.)What is the character of the contract — is it valid, void or inexistent? Reasons. b.) Assuming that the contract is either void or inexistent, what are its effects if any? Reasons.
Chapter1: Taking Risks And Making Profits Within The Dynamic Business Environment
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A, married to B, donated in 2010 a parcel of land belonging to the conjugal partnership to C, a minor of 16, subject to the condition that C shall become his mistress. The donation was duly accepted by C and by her parents. After the perfection of the donation, C became the mistress of A. When A died in 2015, his widow, B, and his legitimate children, X and Y, took possession of the land. Subsequently, C commenced an action for recovery of the property. Defendants advanced the defense that the contract of donation is inexistent because of the illegality of the cause; consequently, it has not produced any effect whatsoever. Plaintiff, however, contended that what is illegal is the motive of the donor and not the cause, since the contract in this case is one of pure beneficence.
a.)What is the character of the contract — is it valid, void or inexistent? Reasons.
b.) Assuming that the contract is either void or inexistent, what are its effects if any? Reasons.
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