Civil Law, 2013 Bar — Question V
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Josefa executed a deed of donation covering a one hectare rice land in favour of her daughter, Jennifer. The deed specifically provides that: "For and in consideration of the love and service Jennifer has shown and given to me, I hereby freely, voluntarily, and irrevocably donate to her my one-hectare rice land covered by TCT No. 11550, located in San Fernando, Pampanga. This donation shall take effect upon my death." The deed also contained Jennifer's signed acceptance, and an attached notarized declaration by Josefa and Jennifer that the land will remain in Josefa's possession and cannot be alienated, encumbered, sold or disposed of while Josefa is still alive. Advise Jennifer on whether the deed is a donation inter vivos or mortis causa and explain the reasons supporting your advice. (8%)
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