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BY GORDON Q. GUILLERGAN
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Thursday, April 13, 2017
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“If you want to pay me back one day, that’s up to you. I’m not asking for it, and I never will. The best way you can pay me back is by becoming the person you want to be.” ― C.R. Strahan, Lucid Dreaming
AN ENGAGEMENT ring is estimated to be – if you buy the real deal – somewhere not less than P20,000. Others would opt to spend even as much as $30 million, if you are Mariah Carey that is.
But if the relationship turns sour, fast forward to the decision to annul the marriage, who gets the ring?
This is an interesting question and a read for me, but it does make you wonder. Nicholas Baker, a practicing family law attorney with over a decade of experience handling divorce, child custody, child support, and domestic violence matters, wrote this interesting blog about who gets the ring after everything else fails.
According to Baker, under American jurisprudence, three elements must be present for the ring to be considered a gift:
The giver’s intent is that the ring is a gift. The giver physically gives the ring to the receiver. The receiver accepts the ring as a gift.
In most cases that involve a gift being revoked where all three elements are present, the court holds that the given item, in this case the ring, is a gift, and the receiver can retain that gift.
He further explained that, while the receiver can prove the ring was a gift, the court could find that it was a “conditional gift” – a gift that is given to the receiver with the expectation that an action will take place. Should the agreed action not take place and the condition for the gift is not met, the giver has the right to take the gift back.
Most courts classify an engagement ring as a conditional gift. Since an engagement ring is considered a conditional gift, then when an engagement is broken the ring should be returned to the giver.
In our Civil Code, under Article 1181 (conditional obligations), the acquisition of rights as well as the extinguishment or loss of those already acquired shall depend upon events which constitute the condition.
Articles 82, 83 and 86 apply to this case. Donations by reason of marriage are those which are made before its celebration, in consideration of the same, and in favor of one or both of the future spouses. (Art. 82)
These donations are governed by the rules on ordinary donations established in Title III of Book III of the Civil Code, insofar as they are not modified. (Art. 83)
A donation by reason of marriage may be revoked by the donor in the following cases:
* If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage settlements, which shall be governed by prenuptial agreements;
* When the marriage takes place without the consent of the parents or guardian, as required by law;
* When the marriage is annulled, and the donee acted in bad faith;
* Upon legal separation, the donee being the guilty spouse;
* If it is with a resolutory condition and the condition is complied with;
* When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on donations in general. (Art. 86)
Our Family Code has a specific provision that we could apply in such cases.
I am not really the type fond of arguing over money. I find it to be a discussion in poor taste, most especially when the amount involved is not worth the stress – meaning, anything below P50.
But my one general rule in life is that, when you give it, know why you are giving it. Never be the type who would jot down every gift and effort you gave or made when you were in a relationship. What you give should be out of love.
But never give everything of yourself for there will come a time you will be left with nothing. Money you can always earn but time lost is lost forever. (gordon.qg@hotmail.com/PN)
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