The topics below may be relevant to your daily activities, especially those which involve business law, labor law, and other legal areas of your business.
Business Law and Labor Law Updates
Donations by Reason of Marriage
Donations by reason of marriage also known as donations propter nuptias are those which are made before the wedding celebration, in consideration of the same, and in favor of one or both of the future spouses. They may be made by third persons in favor of one or both the future spouses or by one spouse (donor) in favor of another (donee). If made to only one of the spouses, the same belongs to him/ her as exclusive property, except if the donor provides that it shall form part of the absolute community of properties.
IS FRANCHISEE AN EMPLOYEE OF THE FRANCHISOR?
A franchisee and a franchisor exist only when there is a franchising agreement. In a related article published in the same platform (please click here to have access), franchising agreement and its types were discussed. For recollection, franchising agreement is a written contract or agreement between two or more parties by which a franchisor grants the franchisee, the right to engage in the business of offering, selling, or distributing goods or services under a marketing plan/system/concept, for a certain consideration. Under Department of Trade and Industry (DTI) Bureau Order 10-24, Series of 2010, a franchisor and a franchisee both refer to a person, individual or a Corporation, duly registered with the Department of Trade and Industry (DTI) or the Securities and Exchange Commission (SEC). Having said that, is the franchisee an employee of the franchisor?
What Is Ante- Nuptial Agreement?
The Family Code of the Philippines defines Marriage as “a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code.”
WHAT IS A WILL?
Under Article 783 of the New Civil Code (NCC), a Will is an act whereby a person is permitted with the formalities prescribed by law, to control to a certain degree the disposition of his estate, to take effect after his death. From its legal definition, it is clear that a testator, a person who has executed a will, has a say and control on how he or she would dispose his or her estate. The disposition refers to the transfer of ownership of a particular property which includes donation among others. However, the transfer or conveyance of ownership takes effect only after his or her death. Thus, even when a person makes or executes a will during his lifetime, the will has no effect unless after his or her death.
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