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Donation by Reason of Marriage
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TOPIC: Donation by Reason of Marriage

Donation by Reason of Marriage 8 months ago #843

  • r2ust
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Hi! Any idea why under CPG and ASP, only 20% is allowed for donation while ACP practically allows 100%?

Re:Donation by Reason of Marriage 8 months ago #845

  • JaneDoe
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These are the reasons:

1. To avoid using the marital bond as a medium for defrauding creditors.

2. To avoid undue influence by the spouses on each other.

3. I forgot the third

In ACP or the absolute community regime of property, basically there is no donation because it is the same as donating to oneself. Both spouses own the property anyway.

Re:Donation by Reason of Marriage 8 months ago #846

  • r2ust
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I like the first answer. But can you please qualify.

As to #2, it seems odd. Technically, ACP's 100% vs 20% of CPG & ASP. The former has more effect if "influence" is to be the issue.

Hope you remember #3

Re:Donation by Reason of Marriage 7 months ago #923

  • Audri11
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But there seem to be one aspect of donation that is allowed, I dont remember it clearly..between spouses..

Re:Donation by Reason of Marriage 7 months ago #924

  • Audri11
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It is like another kind of succesion, contractual by reason of marriage, takes thw foem of donation...and is not prohibited

Re:Donation by Reason of Marriage 7 months ago #930

  • r2ust
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Art 87 of FC allows moderate gifts between spouses during family rejoicing.

"Moderate gifts" depends on the status of family. For ultra-rich, I believe a car is a moderate gift.
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