Beruflich Dokumente
Kultur Dokumente
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May 26, 1993
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This dispute
involves the
After a
jury found
We
purposes
The
parties
of
this
agree
appeal.
to
the following
Appellants,
facts
Mateo
for
and
the
Antonia
Appellees,
and grandniece.
Rico.
In 1985,
Luis and
Noem
were married
since divorced.
with four
children at
Troubled by
Luis'
Soon after,
Luis found
it for $18,000.
the
deplorable
Mateo took
of land,
title in his
own
on a
later
visit that
house, Mateo
to help him
Luis
had not
opened an account
get started.
at a
Mateo later
begun
local
made
additional deposits.
account
these
for
one of
deposits.
Ultimately,
the account
reached the sum of $51,000, which Luis used to build the home.
When Mateo
planned to divorce
Luis and
Noem
At trial,
then sued
a jury found
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for
appellees,
and the
court
denied
appellants' motions
for
__________
We will
overturn a
district
a matter of
law only if
one conclusion.
court's denial
979 F.2d
of a
we find that
See Pearson v.
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254, 255
(1st Cir.
PH Group Ltd.
_____________
v. Birch, 985
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law jurisdiction,
ruled by
Pursuant
31,
(1991),
without
3672
the written
is a civil
to its provisions in
no
spouse may
consent
of the
donate
other
tit.
property
spouse, other
than
Section 3672
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(emphasis added).
Appellants
reached
an
argue that
improper
verdict
according to
because
appellees
consented to or
in writing.
makes a donation.
However,
It
the jury
presented
no
of
3672
applies only
when one
3672,
rights may
It says
make both
assets
of community
Dec.
give
a gift
that
of movable
when
9).
When
property, they
literally co-administer
the
present
case,
the district
court
found
it
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1
While the Puerto Rico Supreme Court has never directly
addressed the issue of whether written consent is necessary when
both spouses together give a gift of movable property, it has
stated in dicta that
3672 requires the written consent of both
spouses for the disposition of real and personal community
property. See Silva Ramos, 107 P.R. Dec. 240 (translation at 9).
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This suggests that even if both spouses make the donation, they
both must provide written consent.
We find, however, that the
dicta contradicts the express language of the statute and the
purposes behind it. Thus, absent a direct mandate on point, we
cannot conclude that when a spouse violates the statute, the same
spouse can later hide behind it to avoid an already completed
donation.
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reasonable for a
knowingly
error
jury to
in this ruling.
Mateo and
a gift of money.
Antonia
We find no clear
told Luis that he was giving him money as a gift to build a home,
According
38).
Luis
to the record,
Id. at
___
85.
and she testified that she knew that the money was for a house on
their land in
never
Camuy.
withdrew
controlled
money
money
the check
requested that
Id.
___
at 80,
from
Id.
___
explain or
canceled checks.
ownership of
Id.
___
the
house before
account,
at
43.
and
justify their
the house, an
appellees
use of
never
the
of the account's
Finally, appellants
Luis
appellants
Appellants
at 45.
keys to
Furthermore,
the joint
book.
appellees
85.
never claimed
divorce,
indicia of
and
ownership;
Id. at 49-50.
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weight of
not contradict
this
alternative motions.
Affirmed.
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