The latter is likewise the case in donation inter vivos
1474 of the Civil Code provides that to receive a donation inter vivos,
capacity to receive a donation inter vivos or mortis causa.
Q: What is the difference between donation inter vivos and donation mortis causa?
A: In Donation inter vivos, the act is immediately operative even if the actual execution may be deferred until the death of the donor.
A few months before his death, Francis executed a document denominated 'Deed of Donation Inter Vivos,' in which he ceded a portion of his lot to his favorite caregiver, Ciri, who accepted the donation in the same instrument.
Q: Is the Deed of Donation Inter Vivos Francis executed in favor of Ciri void?
However, a usufruct may be established by donation inter vivos, and there are slightly different rights and duties imposed on the usufructuary whose usufruct is established inter vivos instead of mortis causa.
It does not include the right to alienate by donation inter vivos, unless that right is expressly granted." (16)
Q: What are the differences between a donation mortis causa and donation inter vivos?
When the deed of donation provides that the donor will not dispose or take away the property donated (thus making the donation irrevocable), he in effect is making a donation inter vivos. He parts away with his naked title but maintains beneficial ownership while he lives.
When the donor intends that the donation shall take effect during the lifetime of the donor, this shall be a donation inter vivos