A DONATION is an act of liberality whereby a person disposes gratuitously a thing or a right in favour of another, who accepts it. Like any other contract, an agreement of the parties is essential. Consent in contracts presupposed the following requisites:
- It should be intelligent, or with an exact notion of the matter to which it refers;
- it should be free; and
- it should be spontaneous.
The parties' intention must be clear and that attendance of vice of consent, like in any other contract, renders the donation voidable.
It s evident that fraud attended the act of respondent Emma when she procured the signatures of Marceline and Emerciana. There is fraud when through insidious words or machinations of one of the contracting parties, the other is induces into a contract which without them, he would have agreed to. When one of the parties is unable to read, or if the contract is in a language not understood by him, and mistake or fraud is alleged, the person enforcing the contract must show that the terms thereof have been fully explained to the former.
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