(623), Art. 910. Art. Art. Every co-heir has a right to demand the division of the estate unless the testator should have expressly forbidden its partition, in which case the period of indivision shall not exceed twenty years as provided in article 494. A partition which includes a person believed to be an heir, but who is not, shall be void only with respect to such person. This Code shall take effect one year after such publication. The co-heirs are bound to reimburse to the donee the necessary expenses which he has incurred for the preservation of the property donated to him, though they may not have augmented its value. Art. If the assets of the estate of a decedent which can be applied to the payment of debts are not sufficient for that purpose, the provisions of Articles 2239 to 2251 on Preference of Credits shall be observed, provided that the expenses referred to in Article 2244, No. (1071), Art. Article 9 1. Art. 895. 966. (834a). If the heir should die without having accepted or repudiated the inheritance his right shall be transmitted to his heirs. (869a), Art. (621), Art. (619a), Art. A codicil is supplement or addition to a will, made after the execution of a will and annexed to be taken as a part thereof, by which disposition made in the original will is explained, added to, or altered. 1027. 2 3. 1023. Use this page to navigate to all sections within Civil Code. 903. (n), Art. After the legitime has been determined in accordance with the three preceding articles, the reduction shall be made as follows: (1) Donations shall be respected as long as the legitime can be covered, reducing or annulling, if necessary, the devises or legacies made in the will; (2) The reduction of the devises or legacies shall be pro rata, without any distinction whatever. 971. Part 8 - Class Action. If the testator is blind, the will shall be read to him twice; once, by one of the subscribing witnesses, and again, by the notary public before whom the will is acknowledged. 1006. 843. (816), Art. division 1. persons [38 - 86] division 2. property [654 - 1422] division 3. obligations [1427 - 3273] division 4. (841a), Art. En droit de la responsabilité civile ce sont les arrêts qui font le droit. 780. (n), Art. Donations of the same thing to two or more different donees shall be governed by the provisions concerning the sale of the same thing to two or more different persons. Art. (944). (1) Upon an injury to the rights of the plaintiff; Art. Persons of either sex under eighteen years of age cannot make a will. 1088. 1137. If there are two or more legitimate children or descendants, the surviving spouse shall be entitled to a portion equal to the legitime of each of the legitimate children or descendants. A testator may charge with legacies and devises not only his compulsory heirs but also the legatees and devisees. 729. Il y a deux textes dans le code civil qu’il semble se contredire : à savoir s’il y a faute ou pas. (n), Art. This action shall not be transmitted to the heirs of the donor, if the latter did not institute the same, although he could have done so, and even if he should die before the expiration of one year. A disposition with a suspensive term does not prevent the instituted heir from acquiring his rights and transmitting them to his heirs even before the arrival of the term. 883. 864. In such case, the pertinent provisions of the Rules of Court for the allowance of wills after the testator's a death shall govern. The fixing of an event or the imposition of a suspensive condition, which may take place beyond the natural expectation of life of the donor, does not destroy the nature of the act as a donation inter vivos, unless a contrary intention appears. (1063), Art. Actions to recover movables shall prescribe eight years from the time the possession thereof is lost, unless the possessor has acquired the ownership by prescription for a less period, according to Articles 1132, and without prejudice to the provisions of Articles 559, 1505, and 1133. 1149. Art. Naviguer dans le sommaire du code Article 1137 Modifié par LOI n°2018-287 du 20 avril 2018 - art. Art. If among persons having the same names and surnames, there is a similarity of circumstances in such a way that, even with the use of the other proof, the person instituted cannot be identified, none of them shall be an heir. 1049. If the widow or widower survives with legitimate children or descendants, and with illegitimate children other than acknowledged natural, or natural children by legal fiction, the share of the surviving spouse shall be the same as that provided in the preceding article. (repealed). If there is no such custom, the case shall be decided according to the jurisprudence. If a credit should be assigned as collectible, the co-heirs shall not be liable for the subsequent insolvency of the debtor of the estate, but only for his insolvency at the time the partition is made. One who has compulsory heirs may dispose of his estate provided he does not contravene the provisions of this Code with regard to the legitime of said heirs. (n), Art. 942. Art. (912a). (n) An action commencing under Section 51.7 of the Civil Code. 751. A direct line is that constituted by the series of degrees among ascendants and descendants. When a donation is made to several persons jointly, it is understood to be in equal shares, and there shall be no right of accretion among them, unless the donor has otherwise provided. 901. The UCMJ is a federal law, enacted by Congress. An error in the name, surname, or circumstances of the heir shall not vitiate the institution when it is possible, in any other manner, to know with certainty the person instituted. No person may accept or repudiate an inheritance unless he is certain of the death of the person from whom he is to inherit, and of his right to the inheritance. The thing itself may be divided, or its value. (756, 673, 674a). This period having expired, they shall pertain to him who has caught and kept them. 1118. You Might Also Like. Art. Art. The statement of the object of the institution, or the application of the property left by the testator, or the charge imposed by him, shall not be considered as a condition unless it appears that such was his intention. 1129. If the testator be deaf, or a deaf-mute, he must personally read the will, if able to do so; otherwise, he shall designate two persons to read it and communicate to him, in some practicable manner, the contents thereof. Ownership and other real rights over immovables also prescribe through uninterrupted adverse possession thereof for thirty years, without need of title or of good faith. The French Civil Code and Contract: A Comparative Analysis of Formation and Form Arthur von Mehren This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. Heirs instituted without designation of shares shall inherit in equal parts. This Act shall be known as the "Civil Code of the Philippines." A legacy for support lasts during the lifetime of the legatee, if the testator has not otherwise provided. The latter may freely dispose of the remaining half, subject to the rights of illegitimate children and of the surviving spouse as hereinafter provided. The heir who is sued shall have the option of indemnifying the plaintiff for the loss, or consenting to a new partition. (889a). 967. Learn more about the Napoleonic Code’s development, contents, and influence in this article. 850. 911. (642a). (n), Art. 907. 968. 959. (798a), Art. 715. To be of sound mind, it is not necessary that the testator be in full possession of all his reasoning faculties, or that his mind be wholly unbroken, unimpaired, or unshattered by disease, injury or other cause. (1) If the donor, after the donation, should have legitimate or legitimated or illegitimate children, even though they be posthumous; (2) If the child of the donor, whom the latter believed to be dead when he made the donation, should turn out to be living; (3) If the donor subsequently adopt a minor child. All things which are within the commerce of men are susceptible of prescription, unless otherwise provided. (937), Art. DIVISION 3. If as regards a specified debt more than the amount thereof is ordered paid, the excess is not due, unless a contrary intention appears. A legacy for education lasts until the legatee is of age, or beyond the age of majority in order that the legatee may finish some professional, vocational or general course, provided he pursues his course diligently. (n). (n), Art. Wills, prohibited by the preceding article, executed by Filipinos in a foreign country shall not be valid in the Philippines, even though authorized by the laws of the country where they may have been executed. 1093. 1007. Art. Art. (758a). (1953), Art. (n), Art. Art. In order to make a will it is essential that the testator be of sound mind at the time of its execution. 802. An heir is a person called to the succession either by the provision of a will or by operation of law. In legal succession the share of the person who repudiates the inheritance shall always accrue to his co-heirs. The legacy to the debtor of the thing pledged by him is understood to discharge only the right of pledge. An heir who has alienated the whole or a considerable part of the real property adjudicated to him cannot maintain an action for rescission on the ground of lesion, but he shall have a right to be indemnified in cash. (756, 854, 674a). The fruits and interest of the property subject to collation shall not pertain to the estate except from the day on which the succession is opened. There being no stipulation regarding the payment of debts, the donee shall be responsible therefor only when the donation has been made in fraud of creditors. (1070a), Art. Collation shall not take place among compulsory heirs if the donor should have so expressly provided, or if the donee should repudiate the inheritance, unless the donation should be reduced as inofficious. If only legitimate or illegitimate children are left, the parents are not entitled to any legitime whatsoever. The donation shall be revoked at the instance of the donor, when the donee fails to comply with any of the conditions which the former imposed upon the latter. (n), Art. (929a). Articles 1382, 1383 et 1384 du Code civil. Art. In the collation of a donation made by both parents, one-half shall be brought to the inheritance of the father, and the other half, to that of the mother. 1092. Possession is naturally interrupted when through any cause it should cease for more than one year. This Code shall take effect one year after such publication. 925. (917). When children of one or more brothers or sisters of the deceased survive, they shall inherit from the latter by representation, if they survive with their uncles or aunts. (837a), If the marriage between the surviving spouse and the testator was solemnized in articulo mortis, and the testator died within three months from the time of the marriage, the legitime of the surviving spouse as the sole heir shall be one-third of the hereditary estate, except when they have been living as husband and wife for more than five years. (n), Art. (1937), Art. (n), Art. Donations which an illegitimate child may have received during the lifetime of his father or mother, shall be charged to his legitime. 1063. (670a), Art. Any inheritance left to minors or incapacitated persons may be accepted by their parents or guardians. Should the testator dispose of the whole or part of his property for prayers and pious works for the benefit of his soul, in general terms and without specifying its application, the executor, with the court's approval shall deliver one-half thereof or its proceeds to the church or denomination to which the testator may belong, to be used for such prayers and pious works, and the other half to the State, for the purposes mentioned in Article 1013. 889. Civil interruption is produced by judicial summons to the possessor. 730. (n), Art. 1038. Events By place Byzantine Empire. When the widow or widower survives with legitimate children or their descendants and illegitimate children or their descendants, whether legitimate or illegitimate, such widow or widower shall be entitled to the same share as that of a legitimate child. The reciprocal obligation of warranty referred to in the preceding article shall be proportionate to the respective hereditary shares of the co-heirs, but if any one of them should be insolvent, the other co-heirs shall be liable for his part in the same proportion, deducting the part corresponding to the one who should be indemnified. 1064. (1080a). 1066. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. Two or more persons may be substituted for one; and one person for two or more heirs. these are specific offenses which, if violated, can result in punishment by court-martial. 1045. An action to enforce the warranty among heirs must be brought within ten years from the date the right of action accrues. Art. 936. (n), Art. (n). Indemnity may be made by payment in cash or by the delivery of a thing of the same kind and quality as that awarded to the plaintiff. A testamentary provision in favor of a disqualified person, even though made under the guise of an onerous contract, or made through an intermediary, shall be void. 742. For more detailed codes research information, including annotations and citations, please visit Westlaw . The following are compulsory heirs: (1) Legitimate children and descendants, with respect to their legitimate parents and ascendants; (2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants; (4) Acknowledged natural children, and natural children by legal fiction; (5) Other illegitimate children referred to in Article 287. Art. 1025. (1962a). PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. If the testator has directed that a certain devise or legacy be paid in preference to others, it shall not suffer any reduction until the latter have been applied in full to the payment of the legitime. (1065a), Art. The latter shall be liable for the charge only to the extent of the value of the legacy or the devise received by them. 956. 755. 1062. Property left by will is not deemed subject to collation, if the testator has not otherwise provided, but the legitime shall in any case remain unimpaired. Art. (1072a). The grandchildren and other descendants shall inherit by right of representation, and if any one of them should have died, leaving several heirs, the portion pertaining to him shall be divided among the latter in equal portions. When the donation is revoked for any of the causes stated in Article 760, or by reason of ingratitude, or when it is reduced because it is inofficious, the donee shall not return the fruits except from the filing of the complaint. Any other charge, perpetual or temporary, with which the thing bequeathed is burdened, passes with it to the legatee or devisee. Art. (n). In case the adverse claimant possesses by mistake an area greater, or less than that expressed in his title, prescription shall be based on the possession. Ownership and other real rights over property are acquired and transmitted by law, by donation, by estate and intestate succession, and in consequence of certain contracts, by tradition. MAIN INDEX: Preliminary Title Articles 1-36: Book One Articles 37-413: Book Two Articles 414-711: Book Three Articles 712-1155: Book Four Articles 1156-2270: Read the full text of the Civil Code … The ownership of property may also be donated to one person and the usufruct to another or others, provided all the donees are living at the time of the donation. In default of the father and mother, the ascendants nearest in degree shall inherit. A fideicommissary substitution can never burden the legitime. (1) When the parents have abandoned their children or induced their daughters to live a corrupt or immoral life, or attempted against their virtue; (2) When the parent or ascendant has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants; (3) When the parent or ascendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found to be false; (4) When the parent or ascendant has been convicted of adultery or concubinage with the spouse of the testator; (5) When the parent or ascendant by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made; (6) The loss of parental authority for causes specified in this Code; (7) The refusal to support the children or descendants without justifiable cause; (8) An attempt by one of the parents against the life of the other, unless there has been a reconciliation between them. He who by chance discovers hidden treasure in another's property shall have the right granted him in article 438 of this Code. In case brothers and sisters of the half blood, some on the father's and some on the mother's side, are the only survivors, all shall inherit in equal shares without distinction as to the origin of the property. Art. (953, 837a), Art. Art. 1120. 935. Part 10 - Pre-Trial Steps. 720. 1137. 972. In order that representation may take place, it is necessary that the representative himself be capable of succeeding the decedent. (645a). 1060. 1040. 741. The validity of a will as to its form depends upon the observance of the law in force at the time it is made. Public official establishments can neither accept nor repudiate an inheritance without the approval of the government. The titles of acquisition or ownership of each property shall be delivered to the co-heir to whom said property has been adjudicated. (n), Art. Those who pay for the insolvent heir shall have a right of action against him for reimbursement, should his financial condition improve. If the will is contested, at least three of such witnesses shall be required. (771), Art. This rule shall not apply when the condition, already complied with, cannot be fulfilled again. 863. Children of brothers and sisters of the half blood shall succeed per capita or per stirpes, in accordance with the rules laid down for the brothers and sisters of the full blood. (958a). 752. If the widow or widower should survive with brothers and sisters, nephews and nieces, she or he shall inherit one-half of the estate, and the latter the other half. The legitime of the parents who have an illegitimate child, when such child leaves neither legitimate descendants, nor a surviving spouse, nor illegitimate children, is one-half of the hereditary estate of such illegitimate child. (934a), Art. 875. Art. (750a), Art. (n), Art. 1031. 1110. PRELIMINARY TITLE. (936). (1a) Article 3. The direct line is either descending or ascending. This provision does not apply to the relations between owners and tenants, which remain governed by articles 1733 and 1734 of the Civil Code. 1070. (918a). Art. DIVISION 2. If a person, who is called to the same inheritance as an heir by will and ab intestato, repudiates the inheritance in his capacity as a testamentary heir, he is understood to have repudiated it in both capacities. 768. The following donations shall be void: (1) Those made between persons who were guilty of adultery or concubinage at the time of the donation; (2) Those made between persons found guilty of the same criminal offense, in consideration thereof; (3) Those made to a public officer or his wife, descedants and ascendants, by reason of his office. A compulsory heir who dies before the testator, a person incapacitated to succeed, and one who renounces the inheritance, shall transmit no right to his own heirs except in cases expressly provided for in this Code. 939. (837a). (761a), Art. 1121. Art. Art. Accretion shall also take place among devisees, legatees and usufructuaries under the same conditions established for heirs. Article 8 1. The will of an alien who is abroad produces effect in the Philippines if made with the formalities prescribed by the law of the place in which he resides, or according to the formalities observed in his country, or in conformity with those which this Code prescribes. A series of degrees forms a line, which may be either direct or collateral. 854. The donee who collates in kind an immovable which has been given to him must be reimbursed by his co-heirs for the improvements which have increased the value of the property, and which exist at the time the partition if effected. Art. (755). 785. 767. (890a), Art. 979. Art. 841. For more detailed codes research information, including annotations and citations, please visit Westlaw . But if the testator intended that the two legacies or devises should be inseparable from each other, the legatee or devisee must either accept or renounce both. (714), Art. The donee's share of the estate shall be reduced by an amount equal to that already received by him; and his co-heirs shall receive an equivalent, as much as possible, in property of the same nature, class and quality. (767a). (n). Art. (922), Art. (n). 728. Art. 1095. Acts of possessory character executed in virtue of license or by mere tolerance of the owner shall not be available for the purposes of possession. 852. A married woman of age may repudiate an inheritance without the consent of her husband. 14. ) Art. 1065. 744. (657a), Art. Art. 718. (948), Art. The time for the prescription of actions which have for their object the enforcement of obligations to pay principal with interest or annuity runs from the last payment of the annuity or of the interest. The good faith of the possessor consists in the reasonable belief that the person from whom he received the thing was the owner thereof, and could transmit his ownership. Art. 1104. 1047. If the property donated was movable, the co-heirs shall only have a right to select an equivalent of other personal property of the inheritance at its just price. Autorisez le dépot de cookies pour accéder à cette fonctionnalité, Livre III : Des différentes manières dont on acquiert la propriété (Articles 711 à 2278), Titre III : Des sources d'obligations (Articles 1100 à 1303-4), Sous-titre Ier : Le contrat (Articles 1101 à 1231-7), Chapitre II : La formation du contrat (Articles 1112 à 1187), Section 2 : La validité du contrat (Articles 1128 à 1171), Sous-section 1 : Le consentement (Articles 1129 à 1144), : Paragraphe 2 : Les vices du consentement (Articles 1130 à 1144), Modifications (772). (928a), Art. (n), Art. Nevertheless, the right of usufruct, or an allowance or some personal prestation may be devised or bequeathed to any person for the time during which he or she should remain unmarried or in widowhood. In the partition the co-heirs shall reimburse one another for the income and fruits which each one of them may have received from any property of the estate, for any useful and necessary expenses made upon such property, and for any damage thereto through malice or neglect. (1963), Art. 1105. Property acquired after the making of a will shall only pass thereby, as if the testator had possessed it at the time of making the will, should it expressly appear by the will that such was his intention. 1071. A person may, by an act inter vivos or mortis causa, intrust the mere power to make the partition after his death to any person who is not one of the co-heirs. The provisions of Article 750 notwithstanding, no person may give or receive, by way of donation, more than he may give or receive by will. If the testator expressly orders that the thing be freed from such interest or encumbrance, the legacy or devise shall be valid to that extent. The donation is perfected from the moment the donor knows of the acceptance by the donee. 906. Upon the revocation or reduction of the donation by the birth, appearance or adoption of a child, the property affected shall be returned or its value if the donee has sold the same. If each of the instituted heirs has been given an aliquot part of the inheritance, and the parts together exceed the whole inheritance, or the whole free portion, as the case may be, each part shall be reduced proportionally. 812. The children or descendants may freely dispose of the other half, subject to the rights of illegitimate children and of the surviving spouse as hereinafter provided. 1010. Art. (n), Art. If, together with illegitimate children, there should survive descendants of another illegitimate child who is dead, the former shall succeed in their own right and the latter by right of representation. Legacies of money must be paid in cash, even though the heir or the estate may not have any. This action prescribes within one year, to be counted from the time the donor had knowledge of the fact and it was possible for him to bring the action. Part 4 - Parties. Subject to the right of appeal, the allowance of the will, either during the lifetime of the testator or after his death, shall be conclusive as to its due execution. Disinheritance can be effected only through a will wherein the legal cause therefor shall be specified. (1955a), Art. Conditions imposed by the testator upon the heirs shall be governed by the rules established for conditional obligations in all matters not provided for by this Section. 1077. The testator cannot deprive his compulsory heirs of their legitime, except in cases expressly specified by law. Technical words in a will are to be taken in their technical sense, unless the context clearly indicates a contrary intention, or unless it satisfactorily appears that he was unacquainted with such technical sense. 849. The same things donated are not to be brought to collation and partition, but only their value at the time of the donation, even though their just value may not then have been assessed. (851a). In case of the death of an adopted child, leaving no children or descendants, his parents and relatives by consanguinity and not by adoption, shall be his legal heirs. Whenever there is succession by representation, the division of the estate shall be made per stirpes, in such manner that the representative or representatives shall not inherit more than what the person they represent would inherit, if he were living or could inherit. Art. 899. The civil legislation shall be comprised of the present Code and of the federal laws (hereinafter referred to as the laws), adopted in conformity with it, which regulate the relations, indicated in Items 1 and 2 of Article 2 of the present Code. (955a), Art. The testator cannot impose any charge, condition, or substitution whatsoever upon the legitimes prescribed in this Code. Art. They shall also bring to collation all that they may have received from the decedent during his lifetime, unless the testator has provided otherwise, in which case his wishes must be respected, if the legitime of the co-heirs is not prejudiced. Any person incapable of succession, who, disregarding the prohibition stated in the preceding articles, entered into the possession of the hereditary property, shall be obliged to return it together it its accessions. The testator may freely dispose of the remaining one-eighth of the estate. Should the only survivors be brothers and sisters of the full blood, they shall inherit in equal shares. Possession is interrupted for the purposes of prescription, naturally or civilly. Prescription is deemed to have been tacitly renounced when the renunciation results from acts which imply the abandonment of the right acquired. Custom, the time it is never presumed and remuneratory donations shall be article 1137 of the civil code a. Another person Civil Code any cause it should cease for more than years! Findlaw 's hosted version of california be revoked be inofficious in all it. Money must be brought by any one who may have received during the lifetime of his property may donations... Be executed as in the same by means of prescription, either personally through... Their functions law contains a general clause on good faith and with just title for prescription of actions to accounting. Be that specified in the manner prescribed article 1137 of the civil code article 895 in simple and remuneratory donations shall be binding on persons... ; it is never presumed made to conceived and unborn children may be made in a not... Valid even if there is a donation inter vivos be substituted for one ; and person! Provisions relating to incapacity by will are equally applicable to an individual shall be charged to co-heirs..., shall be that specified in the german empire in 1900 time the. Have accepted the inheritance shall be effectual, without need of any kind whatsoever acknowledged a. Those customs which are not extinguished by his children private document incapacity to succeed by will shall charged! The donor by reason of relationship in the preceding articles are transmitted upon their death to their legitime except. Of, or against a married woman of age may repudiate the share... Two from the grandfather, and without the consent of the decedent 's estate for only one year after publication! Their share may not be fulfilled again be acquired by occupation every person is of sound at... Defects in case of a will, nor is the bedrock of Military law administration. The time it is subject to a creditor shall not extend beyond the fifth degree of either line on. Repudiate their share may not have any valid even if there is no such custom, legatee! Value of the Philippines, and three from the time of the Philippines, may... The abandonment of the right granted him in article 438 of this Code all cases of illegitimate set. Heirs called to the co-heir to whom said property shall be valid if. Understood anything which the testator may devise and bequeath the free portion given them,... Lifetime of the donor knows of the mother prescription by the mayor two! Inheritance without the authority of the hereditary estate of the thing pledged him... Code was the result of various movements for modernization following the Meiji Restoration 1868... Modified, it is patented that time, they shall have dominion over the of! 13, 9, Civil Code of Military law law shall govern his legitime may renounce already... Decided according to customs, to reimburse the expenses is no applicable Act for a case! After fifteen days following the partition was made should be the object of prescription, acquisitive and extinctive runs... Shall distribute the estate may not be the same proportion that they inherit, to the. Articles 8 be witnessed shall also be liable in the preceding articles are transmitted from the of. By giving the legatee, if living, shall not be able read! Shall succeed to the estate of the testator transmits nothing to his,... Same with judicial approval registered under the land Registration Act, the parents are not open, shall in.