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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

A man signs a deed of donation inter vivos in favor of his fetus, who is still in the womb, donating title to a residential lot. The deed names the fetus as transferee and the instrument is registered in the Registry of Deeds in the fetus’s name. There is no guardian appointed for the fetus and no court order for guardianship has been obtained. Which of the following statements is correct?

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The correct rule is that a fetus cannot acquire property, but once born, the child may be assigned the property through a separate instrument without guardianship; the initial donation remains ineffective. The donation to a fetus is voidable at the option of the donor, who may revoke at any time before the fetus is born; there is no need for guardianship if the donor revokes the donation. The donation is valid only if the donor is the parent, and the fetus can automatically acquire and hold property in its own name without guardianship. The donation to a fetus in utero is void for lack of juridical personality; a natural person acquires personality only at birth, so the transfer cannot be perfected and the registry entry is ineffective; if the child is born alive, proper guardianship must still be established and a new transfer executed.

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