INTRODUCTION

Thedonationit is a contract through which a transfer is made free of charge

to another person who accepts said transfer. The parties in this contract are
they are called donor and donee, with the former being the one who transfers the asset and the
according to the one who accepts it. For there to be a donation, it is necessary that there is

decrease of the donor's assets (it can be in its entirety if this is

reserve the right of usufruct over the donated goods or only a part of them
donor's assets) and increase in the wealth of the donee; if this requirement is not met
It is presented that we might possibly be facing a potential contract simulation.
When it comes to the donation of real estate, it is necessary for it to be
granted bypublic deedand registered in the public property registry.
The donation must be accepted by the donee, but it may also be accepted
by any ancestor and descendant of the donor as long as it is
able to hire and to bind oneself. The donation is revocable as long as it has not been
accepted and notified of such acceptance to the donor.

In the development of this work, each part will be discussed in a more general way.
of this contract, as well as its parts, characteristics, elements, types, among
other relevant aspects of this contract.

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CONCEPT OF DONATION

Article 7.610.- Donation is a contract by virtue of which one person

donor call, transfers, free of charge, a part of their present assets,
to another donee who accepts such generosity.

Formation of consent in donation

Article 7.616.- The donation is perfected as soon as the donee makes it known
acceptance of the donor.

BACKGROUND OF THE DONATION CONTRACT

Of the pre-Columbian towns, it can be said that among the Aztecs only in
In certain cases, regarding nobles and warriors, celebrations could take place.
donations of real estate, if the king (landowner) allowed them;
among the Mayans, donations of both movable and immovable property
they surely remained permitted, with the exception that they could not be granted
in favor of the slaves, the donations that were intended for real estate.

COLONIAL AND INDEPENDENCE PERIOD

The provisions of the Seven Partidas were apparently the best observed.
in matters of civil law. According to the Partidas, 'donation is a good deed that is born
of the nobility of heart when it is done without any reward; and every man
A person who is over 25 years old can give their own or part of it to whomever they wish,
even if I do not know him, as long as it is not about the one who defends the
laws of our book.

The donation could be made with the simultaneous delivery of the item (donation
perfect), or the donor acquiring the obligation to deliver it; in the first case
It was irrevocable, unless one of the causes for revocation was presented.
permitted by law and that this cause was proven in court. Such causes were:

1. Due to the ingratitude of the donor, presenting:

a) For having dishonored the donor in words;

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 b) For accusing him of a crime that deserves a death penalty, mutilation, losses.
of all or most of their goods or exile;
c) Because the donee struck, wounded, or mistreated the donor, and
d) For causing serious damage to the donor's property or plotting their injury
Oh death
2. For the survival of children, the action competes not only with the donor but also
also to their children.
3. As a cause of reduction, due to the donation being unwarranted.

CIVIL CODE OF 1870

This code regulates the donation as a contract, addressing its general part.
in its title XV, chapter I of the Third book, and leaving the provisions related to
the antenuptial donations and the donations between partners within the
rules of the marriage contract, in its title X, chapters VIII and IX of the same Book
Third, successively.

Following the French and Spanish civil codes, the regulation of 70

only allowed the testator and, therefore the donor as well, to dispose of
full freedom of one fifth of the assets that he/she had at the time of
grant one or other acts; the other remaining fifth parts constituted the 'portio'
"legitimate" of their legitimate or legitimized children, according to the provision of art. 3463.

According to this my commandment, the legitimate share would be reduced to two thirds if
the testator only left behind, at his death, illegitimate children; and half if he only left legitimate children

spurious.

In this way, a quantity was guaranteed by law to the descendants of the donor.
of goods with respect to which the latter could not carry out at the moment
some and by liberality, acts of transfer of ownership in favor of third parties; it was a
legal "heritage" that aimed to protect descendants against eventualities
of the death of his father.

CIVIL CODE OF 1884

This code abandoned the previous system and adopted that of free testamentary disposition.
according to which a person is free to dispose of their property to the extent that

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wish, by acts free of charge, although your contract will be without effect as far as
jeopardizes the obligation it has to provide food to those whom
they must by law (art. 2615).

CIVIL CODE OF 1928

This was divided into two large parts; one related to the donation contract in
general and another, which deals with Donations of Matrimonial Character subdivided into
two more parts: the first, dedicated to Prenuptial Donations and,
second, intended for Donations between Consorts.

DONATION IN THE CIVIL CODE OF 1928

Article 2332: 'The donation is a contract by which one person transfers to another,
free of charge, a part or all of their present assets.

Article 2333: "The donation cannot encompass future goods"

Article 2340: "The donation is perfect from the moment the donee accepts it."

Article 2347: 'The donation that includes all the assets is null.'
donor, if he does not reserve in ownership or usufruct what is necessary to live.
according to their circumstances

ELEMENTS OF THE DONATION CONTRACT

Elements of existence

a) Consent. Contracts are perfected if they are entered into between

people present, from the very moment of acceptance and, if
celebrate among the absent, from the moment the offeror receives the
acceptance of the one to whom the contract was proposed.
b) The object. The donation contract has as its direct object the creation of
rights and obligations of the parties; rights of the donee to the
what is donated and the obligations of the donor to transfer the ownership of that

what and to deliver it.

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The object of the donor's obligation or indirect object of the contract consists of
a positive benefit: the giving of a thing.

The material object of the contract is the goods that comprise the donation.

In some civil legislations, there are a series of rules relating to the

quality and quantity of goods that can be the subject or object of donation:

Only the present assets of the donor can be donated, understood as

all those that exist in nature at the time of donation.

The donor cannot make a universal donation of their present assets.

since one must keep enough to live.

The donated goods or things must be determined or determinable in

as for its species.

The goods must be within commerce.

The donation can include both movable and immovable property.

Elements of validity

a) The capacity. The general rule regarding contracting is that 'They are
able to hire all persons not exempted by law.
b) The form. The donation contract "can be made verbally or by
written" according to whether the assets included are movable or immovable, and
according to the value of the first ones; this is the contract can
be consensual or formal.

When it comes to movable property, the rules are as follows:

If its value is to an amount lower, the donation will be verbal, and therefore
consensual.

If the value exceeds a lesser amount but does not reach a sum
Mayor, the donation must be made in writing.

If it exceeds the average value, the donation will be reduced to a public deed.

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If what is donated is a real estate property; in some civil laws, it is established that
The donation will be made in the same manner as required by law for its sale.

CHARACTERISTICS OF THE DONATION CONTRACT

It is free of charge.

It is irrevocable, in principle, since it can be revoked for ingratitude.

It is primary, it is a contract that does not depend on another to exist.

Consensual, plays an important role both in the consent of the donor

like that of the donor.
Unilateral, the main obligation is for the donor, which is to deliver and
well given in donation.
Instant execution.

Formal solemn, as certain formalities must be fulfilled, like when

the donation of a real estate property is made, which must be done in order to
valid by public deed.
It is transitive because through the donation the ownership is transferred.
It cannot fall upon all the assets of the donor as it
express article 7.622 of the civil code, but about a part.
The donation must be accepted by the donee, but it may also be
accepted by any ancestor and descendant of the donor always and
when I am able to contract and obligate myself.
It is acontractfree, celebrated among the living and, usually, instantaneous.
The donor will not be responsible for eviction unless they have obligated themselves.

expressly or that the donation is with charge.

LEGAL NATURE OF THE DONATION CONTRACT

Doctrine opinion points out three fundamental characteristics of the donation:

It is atransfer of ownership contract.

It is afree contract.

3 Only present goods of the donor can be understood.

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The donation is a unilateral contract because the obligations run only and
exclusively the responsibility of the donor: One party is obligated to the other
without it being obligatory for her.

The donation has as its immediate characteristic the fact that it is acontract
unilateral, and as a distant note, the one of being abilateral legal actgiven that everything
A contract is an act of that kind and therefore requires a concurrence of two or more.
wills.

It is worth analyzing whether the donation is, more than a contract, aliberality; the
liberality (in a broad sense) is an act by which a person grants to
another, a material or economic advantage or benefit. In this way, it can
to assert that the donation is a type of liberality, because in it yes
There is the transmission of the ownership of the donated thing, as an essential requirement.

The donation consists of the transfer of ownership of the donated goods by

the donor in favor of the donee, which in turn generates a impoverishment of
that one and an enrichment of this one, effects motivated the first by the second.
That is to say, there will be a donation when the property is transferred free of charge.
well from the donor to the donee, in such a way that the latter becomes enriched to the extent that

that he becomes impoverished; any other act or contract in which this does not take place
phenomenon of domain transfer of assets, even if they are free,
it will not be a donation.

The free contract is one in which the burdens are borne by one of the parties.
parts, while the benefits are solely for the other, then
we conclude that the donation is an essentially free contract.

There are various species that can arise from this contract, there can be
pure and conditional donations, the first being the one granted in terms
absolutes, without requiring from the donee greater requirements than those of the
acceptance, and the second one depends on some future event of
uncertain performance; donation with conditions, when it imposes some obligations and

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remunerated donation made in consideration of services received
donor and that they have no obligation to pay.

MODALITIES OF THE DONATION CONTRACT

Remunerative donation. A donation is also the liberality made by a

person to another out of consideration for her merits or for the services that
she has lent it to him without any payment having been required for it,
the moral duty, of conscience or of honor, never giveactionto sue
in court what would have been executed by virtue of it. On the contrary, when
He who gives receives the equivalent, there is no donation.
Donation of all assets. The donation may include all
assets of the donor if they reserve the usufruct of them. The rights are preserved.
rightsof the compulsory heirs (in the event that there are any) and of the
creditors (in case they have any privilege, any real guarantee)
or simply be unsecured creditors)

The donation may include the donor's present assets, provided that it
reserve the usufruct of them or what is necessary to live a situation
corresponding to their circumstances, it is said to be present assets, because the code
restrict the faculties freely to dispose for free to what is currently
the donor has, prohibits the donation of the assets that the donor cannot
to arrangetimefrom the donation.

In the case that there are rights of forced heirs, it will be subject to the
following rules:

a) When you have children, you can freely dispose of a fifth, and
b) When there are ascendants or a spouse, one can dispose of a third.
Joint donation. The donation made jointly (registered in a
(single document) to several people is understood to be done in equal parts
unless otherwise stated in the contract.

The clause stating that if one of the donors cannot is valid.

If he does not want to accept the donation, his share will go to the others.

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TYPES OF DONATION

Article 7.611.- The donation may be unconditional, conditional, with burden or

remunerative.

. Pure donation and conditional donation

Article 7.612.- It is a pure donation that is granted in absolute terms;

conditional that depends on some future event realization
uncertain.

. Donation with burden and remunerative donation

Article 7.613.- The donation is onerous when it imposes certain obligations;

remuneration that is made in consideration of services received by the donor and
that this one is not obliged to pay.

Donation mortis causa: it is one that is suspended to a term, the

death of the donor, and it is generally equated with a legacy or inheritance.
The act of donation must be valid as a will; otherwise
lacks effects.

Donation between spouses or partners: is one that a spouse makes

in favor of the other, which is prohibited in some legal systems (Argentinian).

Prenuptial donations, antenuptial, for the cause of marriage

or because of the marriage: those made between the future spouses or by
some third party regarding the intended marriage.

FORMALITY OF THE DONATION

Article 7,617.- The donation can be made verbally or in writing.

. Verbal donation

Article 7.618.- Only verbal donations of movable property can be made, whose
value does not exceed one hundred times the minimum wage corresponding to the place where

donation is celebrated.

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 . Donation that requires written form

Article 7.619.- If the value of the furniture exceeds the amount indicated in the
previous article, but does not exceed five hundred days of the current minimum wage in
the area in which the contract is celebrated must be made in writing. If it exceeds
The mentioned amount of the donation must be made in a public deed.

OBLIGATIONS OF THE PARTIES IN THE DONATION CONTRACT

DONOR-RECIPIENT

When the donation is free of charge, the donor is obliged to provide

food to a donor who had no means of subsistence; but it can
getting rid of this obligation by returning the donated goods, or their value
they would have alienated them.
gratitude, and for this alimentary obligation to arise it is necessary that the
donation has been free of charge and that the donor does not have the means to

subsistence. However, this alimentary obligation arises when not

there are other legally obligated relatives of the donor. Before the
infringement of the alimony obligation, the donor has two actions,
one for the provision of support and another for the revocation of the donation.

The donee is not obligated to pay the debts of the donor unless they agree to do so.
would have obliged, even if the donation was of a specific part of the
goods.

If a mortgaged property has been donated, it is understood that the donor...

He will take charge of the mortgage debt. It is necessary that there is a clause.

expression of exoneration.
Comply with the contract obligations, in the case that the donation is
onerosa, the donor must comply with such charges, which may be
to be in favor of the donor and/or third parties.
To keep gratitude towards the donor, consisting of not committing any crime against
the person, the honor or the property of the donor or of the ascendants,

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 descendants or spouse of this one, or failing to assist the donor who has
welcome to poverty.
Pay the taxes incurred by the contract, the donation affects the payment of
Tax on Transfer of Ownership of real estate. The Law that
regulates that it is the donee who must
pay the tax, whose settlement must be done in the same way
that the sale. However, "they are not subject to the tax and therefore,
are exempt from their payment:
1 "Donations whose value does not exceed $500 made in favor of
ancestors, descendants, adopted children, adoptive parents,
spouses or concubine
Donations in favor of the Federation, of the States or of the
Municipalities
3 "Donations made for the promotion or creation of
public charity institutions
4 "Donations in favor of the UAM"
5 'The donations of houses for workers made in favor of the
first purchasers
If the donor imposes certain obligations on the donee at the time of donation
the donor must comply with them under the penalty of the donation being rescinded.
It is the obligation of the donee to provide the donor with it at any time.
necessary, for this to have for its adequate subsistence, said
obligation must be fulfilled either with the donated goods or even with their
own assets; this obligation arises for the donee when the
the donor has made a donation of all his assets without having reserved them
necessary for their subsistence.
From the previous obligation arises the duty of support that is granted to him/her.

donor in favor of the donor, when he has made a donation

substantial, as long as such donation has not been rescinded or
revoked

DONOR-RECIPIENT

The donor who has not made the delivery of the donated thing remains
obliged to deliver it to the donor with its fruits from the default in

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 that would have been constituted, however not being considered as
holder in bad faith.
The donee has a personal action against the donor and his heirs, to
end up obtaining from them the execution of the donation; this is independent
from the real action that you can have as the owner of the
donated objects.
The donor and their heirs are liable if the donated goods have perished.
due to their fault or after having become overdue in delivering them, the
the donor has the right to request their value (only the value of the goods)
donated, not the damages and interests) (art. 1836).
Regarding eviction and hidden defects, the donor is not
responsible except in exceptional cases. Article 2145 states: 'In case of
eviction of the donated thing, the donee has no recourse against it.
donor, nor even for the expenses that may have been incurred on the occasion of the

"donation". Article 2165 establishes: "The actions provided in this title"

due to the redhibitory defects of the acquired things, they do not include the
acquirers by free title." Article 2146 states the exceptions to the
warranty against eviction
a) When the donor has expressly promised the guarantee of the
donation.
b) When the donation was made in bad faith, knowing the donor that the
what was foreign (must compensate all expenses, according to the article.
2147); not when the donee knew it (art. 2148).
c) When it is a donation with a charge (it must be in proportion to the amount of

the charges and the donated goods.

d) When the donation is remunerative, in proportion to the services.
received and the donated goods.
e) When eviction is caused by the non-fulfillment of any obligation
that the donor will take upon themselves in the act of donation.

RIGHTS OF THE DONATEE WHEN THE DONATED ITEM IS

REMUNERATION FOR SERVICES IS REVEALED

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For theevictionthere is a deprivation of the donated thing, by a third party,
deprivation that can be partial or total, but in any case prevents enjoyment
full of this.
When the thing is given as remuneration for services, and it results
evicted, the donee has no action for remedy against the donor..."The
donations with onerous cause do not provide a right to indemnification for eviction, but rather

when the donor has given a thing that belongs to someone else, knowingly.

The donee to whom something has been donated as remuneration for their services,
if there is eviction of what was donated, there is no right to exercise an action for indemnification

for eviction, but if they have the right to demand from the donor payment of the
services that were intended to be paid with the donation.
Now, if the thing donated is evicted as remuneration, it was previously
benefited by the donee, that is to say, that this before the deprivation of enjoyment
took advantage of the fruits of the thing, and in said benefit one observes the
compensation for the services that were intended to be paid for the donation, once
Once the thing is evicted, there will be no grounds to demand payment for the services from the donor.

loaned, since there was compensation with the fruits that were enjoyed.
In conclusion, the right to demand payment for the services rendered only arises from
donor when the thing turns out to be evicted, if the donor has not had any benefit from it
the fruits of this, or if having them they do not compensate the services that are
they intended to compensate with the donation.

WAYS TO TERMINATE THE DONATION CONTRACT

Ingratitude: generally involves two causes:

1 When the donee commits any crime against the person, honor,
or the assets of the donor, ascendants, descendants, or spouse.

When the donee does not provide support to the donor, having no
these relatives who must take care of him, and when the donation
has been done at no cost.

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 Not complying with the imposed obligations or burdens. - The donee must comply.
the burdens of the good, but since they are not personal obligations, when renouncing the
well, he/she is released from all obligations.

In exceptional cases, due to the disappearance of the reason that originated the

donation. For example, prenuptial donations.

REVOCATION, RESCISSION, AND NULLITY IN THE DONATION CONTRACT

Revocation due to future children

Article 7.631.- The donations legally made by a person who as

The time to grant them did not have children and can be revoked by the donor.
when they have had children who were born with all the
viability conditions.

If five years pass since the donation was made and the donor has not
having children or having had them has not revoked the donation, this
will return irrevocably. The same happens if the donor dies within this
a period of five years without having revoked the donation.

If a posthumous child of the donor is born within the mentioned period, the
the donation will be considered revoked in its entirety.

Reduction of the donation

Article 7.632.- If in the first case of the previous article the father has not
the donation revoked, it must be reduced when there is an obligation
would feed, unless the donee takes on the obligation to
provide food and guarantee it properly.

Irrevocable donation upon the birth of children

Article 7,633.- The donation cannot be revoked due to the arrival of children.
when it is:

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 I. Less than ten times the minimum wage in the place where it was carried out
contract

II. Prenuptial;

III. Among partners;

Effects of the revocation

Article 7.634.- If the donation is revoked due to the birth of children, it shall be returned to

donor the donated goods, or their value if they have been sold before the
birth of the children.

The donation can be revoked as long as it has not been accepted by

the donee and the notification of such acceptance has not been made to
donor; the acceptance of the donation must meet the specified requirements
by Article 1468 of the civil code; the above means that once
Once the donation is accepted and the donor is notified, they will not be able to revoke it.

donation at your discretion.

Revocation for ingratitude
Article 7,642.- The donation may be revoked for ingratitude (the fact of
that the donor incurs any circumstance that makes them unworthy of
inherit from the donor) if the donee:
I. Commits any crime against the person, honor, or property of the donor
or of the ancestors, descendants or spouse of this one;
II. Refuse to aid, up to the value of the donation, the donor who has come
the poverty.
Action of revocation for ingratitude
Article 7,643.- The action of revocation due to ingratitude cannot
is to be resigned early and prescribes in one year counted from when
the donor became aware of the fact
The donation is essential when it has affected the
beneficiaries of the donor, this according to what is established by the civil code:
If the excess were such that it not only absorbs the portion of goods that
the deceased has been able to dispose at their discretion, but instead undermines the legitimate rights

rigorous, or the fourth of improvements, the heirs will have the right to

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 restitution of excessively donated property, proceeding against the donees
in reverse chronological order of the donation dates, that is,
starting with the most recent. The insolvency of a donee does not
will record the others.
When in the act of donation an obligation has been imposed on the donor
the donee must comply with it, since the breach of this,
generate the possibility for the donor to request the withdrawal of the donation;
in which case even the donee will be considered a possessor in bad faith
regarding the restitution of donated items and their fruits.
Donations can only encompass the present goods of
donor as well as those he legally possesses, and if they also include
future goods or in another case third-party goods, this act will be null
regarding.
Nullity of the donation of all assets
Article 7,622.- The donation that includes the entirety is null.
goods of the donor, unless he reserves ownership or usufruct thereof
seventy percent of the assets or rights that are part of your
heritage; in any case, the donor must keep what is necessary for
to live.
Unsolicited donations
Article 7,623.- Donations shall be detrimental insofar as they harm
obligation of the donor to provide food to those persons to
who owes them according to the law.
Simulation of another contract for making a donation
Article 7.630.- Donations made by simulating another contract to people
that according to the law they cannot receive them, annulled, they are already made of a

direct mode, or through a third party.

Donation by which the reduction begins
Article 7.647.- The reduction of donations will start with the last one.
date, which will be completely revoked if the reduction is not sufficient to

complete the foods.

Order of reduction of donations
Article 7,648.- If the amount of the oldest donation is not sufficient,
action will be taken regarding the above, in the terms established in the

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 article that precedes following the same order until reaching the most
ancient.
Reduction in case of donations of the same date
Article 7,649.- Having various donations granted in the same act
or on the same date, the reduction between them will be made on a pro rata basis.
Value of donated movable goods for reduction
Article 7,650.- If the donation consists of movable property, it will be considered
for the reduction, the value they had at the time of being donated.
Reduction in the case of donations of real estate
Article 7.651.- When the donation consists of real estate that were
comfortably divisible, the reduction will be made in kind.

What is revocation and when does it take effect?

When we talk about revoking, this action implies nullifying a decision; in

As for the donation, the revocation of it consists of the donor's decision to
not to donate, or to donate the goods to another person.

When can a donation be revoked or rescinded?

One of the characteristics of the contract ofdonationWell, in principle it is

irrevocable, that is to say, that its nature is to be irrevocable as expressed by the
civil code, but this can be revoked in several events which are:
1. When it has not been accepted by the donor, nor has such acceptance been notified to the
donor.
2. When the case specified by the Law arises, which states the following:
If such an excess were to occur, that it not only absorbs the part of assets that the deceased has
could have it at their discretion, but rather undermines the rigorous legitimate ones, or the
fourth of improvements, the legitimate heirs will have the right to the restitution of what

excessively donated, proceeding against the donors in a reverse order to the

from the dates of the donations, that is, starting with the most recent.
The insolvency of a donee will not burden the others.
Thus finding the requirements for the termination of a donation made.
between the living, which are:

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 a) That there is a detriment to the strict legitimate, the strict legitimate not
it is more than part of the inheritance that the law assigns to certain people
b) That there is a detriment to the fourth of improvements, the fourth of improvements is the

fourth part of the goods of thetesterwith which he/she may have wanted to favor
to their descendants. In this case, there will only be restitution of the

excessively donated; and the action of restitution can be initiated by the

heirs.
3. On the other hand, when the donee is in default of fulfilling what is due
by virtue of the donation he was ordered; the donor has two options or to require the
donor to comply or rescind the donation. The term to rescind the
donation in this case is for four years, counted from the day on which the
the donor has defaulted.

4. Finally, there is the revocation of the donation due to ingratitude, the civil code defines
ingratitude, like any offensive act by the donee that makes them unworthy of
inherit from the donor; this revocation for ingratitude also has a statute of limitations
four years, counted from when the donor became aware of the fact
offensive.

LEGITIMATION OF THE UNBORN TO RECEIVE BY DONATION

Article 7.629.- The unborn can acquire by donation, provided that they have
states conceived at the time it was made and are born alive and viable.

APPLICABLE JURISPRUDENCES TO THE DONATION CONTRACT

>>>

DONATION, NULLITY OF. INTERPRETATION OF ARTICLE 2280 OF

CIVIL CODE (LEGISLATION OF THE STATE OF VERACRUZ). The norm
immersed in article 2280 of the local substantive civil code, regarding that "It is null
the donation that includes the entirety of the donor's assets, if he does not
reserve in property or usufruct what is necessary to live according to their
circumstances." it should be interpreted not in terms of necessarily the
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the donor must reserve the ownership or the usufruct of real estate assets that are
allow to subsist according to their circumstances, but in the sense that such
reserve can encompass goods of any nature; that is, the intention of the
legislator embodied in that norm translates to the fact that when carrying out the

donation in the terms pointed out, it suffers from nullity when the donor
lacks what it needs to survive, a legal hypothesis that cannot
to update if it is stated in the donation contract that the donor indicated that
it did not harm to donate, since he had what was necessary to live, besides
who earns income from the exercise of their profession.

FIRST COLLEGIATE COURT IN CIVIL MATTERS OF THE SEVENTH CIRCUIT.

Direct Amparo 277/97

of votes. Speaker: Alfonso Ortiz Díaz. Secretary: Sergio Hernández Loyo. Note:
This criterion has integrated the jurisprudence VII.1o.C. J/27, published in the
Judicial Weekly of the Federation and its Gazette, Ninth Era, Volume XXX,
December 2009, page 1281, classified as: "DONATION. CASE IN WHICH NOT
IT IS AFFECTED BY NULLITY (INTERPRETATION OF ARTICLE 2280 OF
CIVIL CODE FOR THE STATE OF VERACRUZ.

>>>

DONATION OF REAL ESTATE, NULLITY OF CONTRACTS OF. The

Article 2608 of the Civil Code of 1884, for the District and Federal Territories,
establishes that the donation contract, if it is for real estate, must be made in
public deed, whatever its value may be, and article 8 of the Code of
Civil Procedures of 1884, from the same entity, provide that the Judges
they will outright dismiss any action (real or personal) that is attempted without accompaniment

the legal title that accredits it, in all cases where the Civil Code requires for
the validity of contracts, which are granted in public deed or in writing
private. Now, in accordance with the aforementioned provisions, it must
it is estimated that if the nullity of a donation contract for a property is demanded
root, the actor must verify the existence of said contract, accompanying it with his

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demand, the writing in which it would have been recorded, as title
foundational to its action, deduced; without it being an obstacle to the contrary, that the claim

she should have been admitted in the first instance, as it cannot be accepted that such
I remedy the omission of the presentation of the foundational title of the action, of
so that if upon pronouncing the judgment of the second instance, it was not part of
from the decision material, any document that proves the existence of the contract
of donation, essential budget for the declaration of its nullity, the Judge
the court applies the law correctly if it finds the action unproven
deduced.

Direct civil protection 879/42. Reyes María Ascencia. June 18, 1942.
Unanimity of five votes. The publication does not mention the name of the speaker.

DONATION OF REAL ESTATE, NULLITY OF THE CONTRACTS OF.

Article 2608 of the Civil Code of 1884, for the District and Federal Territories,
it establishes that the donation contract, if it involves real property, must be made in
public deed, whatever its value may be, and article 8 of the Code of
Civil Procedures of 1884, of the same entity, stipulates that the Judges
They will outright reject any action (real or personal) that is attempted without accompaniment.

the legal title that certifies it, in all cases where the Civil Code requires it for
the validity of contracts, which are granted in public deed or in writing
private. Now, in accordance with the aforementioned provisions, it must
it is estimated that if the nullity of a donation contract for an asset is demanded
root, the actor must verify the existence of said contract, accompanying his
demand, the writing in which it would have been recorded, as a title
foundational of its action, deduced; without any hindrance, that the lawsuit
it should have been admitted in the first instance, as it cannot be accepted that such
I remedy the omission of the presentation of the founding title of the action,
so that if at the time of pronouncing the second instance ruling, it was not part of
from the decision material, any document that proves the existence of the contract
of donation, essential budget for the declaration of its nullity, the Judge

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the court applies the law correctly, if it finds the action unproven
deduced.

Direct civil protection 879/42. Reyes María Ascencia. June 18, 1942.
Unanimity of five votes. The publication does not mention the name of the speaker.

>>>

The fraudulent act of the donors determines the nullity of the donation.
The Supreme Court in Judgment 28/09/2011 has declared that, in the donation
of real estate, the fraudulent action of the donors causes the donor
he provided his consent in a flawed manner, which leads to the nullity of the
consent given, and therefore of the donation contract. The fraud is
it manifests not only in the direct or inducing insidiousness of the other's erroneous behavior
contractor, but also in the malicious reluctance of the one who remains silent or does not warn the

another part against the duty to inform that goodwill requires. And that is what
This occurs in the present case, since the actions of the donors are fraudulent, and
reaches sufficient gravity to determine the nullity of the contract of
donation. In the present case, there is no discussion about whether the donor's son, acting for
Yes, and in favor of her children, who are also defendants, it was she who went to the notary.

providing the necessary documentation for the preparation of the deeds of the
donation and specifying which properties were to be the subject of the
the same, all this without the will and consent of her mother,
who was convinced that it was about the donation of a single property to her son,
she is surprised when, at the notary's office, she finds the presence of her
grandchildren and with the fact that the documents that had been prepared referred to
to other properties and they were to be granted not only in favor of his son but also
of her grandchildren; a situation of surprise, which under the pressure imposed by the

circumstances consciously configured by the donor for such purpose, it

It led to granting consent in an act that was evidently flawed already.
as it concerns an elderly person, and as evidenced by the
a forensic doctor is a person who is dependent and therefore lacks in that

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moment of the will necessary to confront the emotional conflict that it
he was considering the donation when he found himself in the position of signing the documentation that

It was presented to him at the notary, so he signed without wanting to.

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