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Gift Deed For Movable Property

Gift Deed For Movable Property Template for Philippines

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Gift Deed For Movable Property

"I need a Gift Deed for Movable Property under Philippine law to transfer ownership of my vintage 1965 Mercedes-Benz 280SL to my nephew on his graduation day in March 2025, with a condition that he cannot sell the car for 5 years."

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Document background
A Gift Deed For Movable Property is essential when transferring ownership of movable property as a gift in the Philippines. This document is commonly used in various scenarios, including family transfers, charitable donations, and corporate gifting. It must comply with the Civil Code of the Philippines, particularly Articles 725-783 governing donations, and requires proper execution before a notary public. The deed should clearly identify the parties, describe the property being donated, establish the donor's ownership and right to transfer, and document the donee's acceptance. It's particularly important for tax compliance, as gifts may be subject to donor's tax under Philippine tax laws. The document serves both as proof of transfer and as protection for both parties by clearly documenting the terms and conditions of the gift.
Suggested Sections

1. Parties: Identifies and provides complete details of the Donor and Donee, including their full names, civil status, addresses, and citizenship

2. Background: Establishes the context of the gift, the Donor's ownership of the property, and the intention to make the donation

3. Definitions: Defines key terms used throughout the deed for clarity and precise interpretation

4. Subject Matter of Donation: Detailed description of the movable property being donated, including all relevant identifying information

5. Declaration of Ownership and Authority: Donor's declaration of full ownership and right to transfer the property

6. Manifestation of Gratuitous Transfer: Clear statement that the transfer is made freely and gratuitously, without any consideration

7. Acceptance: Express acceptance of the donation by the Donee

8. Delivery: Details of when and how the property will be delivered to the Donee

9. Warranties: Donor's warranties regarding the property's ownership and condition

10. Effectivity: When the donation takes effect and any conditions for effectiveness

11. Execution: Formal execution clause and signature blocks

Optional Sections

1. Conditions: Used when the donation is subject to specific conditions or terms that must be fulfilled

2. Donor's Reserved Rights: Include when the donor wishes to retain certain rights over the property

3. Tax Declarations: Include when there are specific tax implications that need to be acknowledged

4. Revocation Provisions: Used when specific grounds for revocation need to be outlined beyond those provided by law

5. Governing Law and Jurisdiction: Include when there are cross-border elements or specific jurisdictional requirements

6. Special Instructions: Used when there are specific instructions for the use or maintenance of the donated property

7. Spousal Consent: Required when the donor is married and the property may be considered conjugal

Suggested Schedules

1. Property Description Schedule: Detailed technical description of the movable property, including photographs, serial numbers, or other identifying features

2. Condition Report: Detailed report of the current condition of the property at the time of donation

3. Supporting Documents: Copies of relevant ownership documents, receipts, or certificates

4. Tax Clearance Certificates: If applicable, certificates showing payment of relevant taxes

5. Registration Documents: For registered movable property like vehicles, copies of registration papers

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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