Successions Flashcards
Art. 871. Meaning of succession.
“transmission of the estate of the deceased to his successors.”
Effect of Succession. [871 2nd sent.]
gives successors the “right to take possession of the estate of the deceased.”
Art. 873. Kinds of succession.
Testate & Intestate
Art. 874. Testate succession.
Succession which “results from the Will of the deceased, contained in a testament executed in a form prescribed by law.”
Art. 875. Intestate succession.
Succession which “results from provisions of law”
What is the significance of the Civil Code articles’ use of the singular “succession”?
A deceased person’s patrimony mixed between portions of both testate and intestate transmission of rights.
Art. 876. Kinds of successors.
Two Kinds: (1) Testate or “Legatees” and (2) Intestate or “Heirs”
De Cujus
the Decedent
Types of Heirs:
(1) Descendents;
(2) Ascendants;
(3) Collaterals
When does property of an estate dissolve through Intestate succession? [Art. 880. Intestate succession.]
“In the absence of valid testamentary disposition”
“In the absence of valid testamentary disposition, the undisposed property of the deceased devolves”…(a)_____ in favor of his (b)________.
By Operation of Law; descendants, ascendants, and collaterals, by blood or adoption, and in favor of his spouse not judicially separated from him…
An Intestate Succession generally devolves in favor of (a)_____, (b)_____, and (c)_____, by (d)____ or (e)____, and in favor of his (f)______ not (g)_____ ______ from him, in the order provided in and according to the [articles on intestate secession.
(a) Descendants;
(b) Ascendants;
(c) Collaterals;
(d) blood;
(e) adoption;
(f) spouse;
(g) judicially separated
Two theories of Intestacy:
(1) Presumed Will Theory;
(2) Duty Theory
Art. 881. Representation: effect.
fiction of law putting representative in the place, degree, and rights of person represented.
Art. 882. Representation in direct line of descendants.
ad infinitum in Direct Line;
