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Art. Learn more about the Napoleonic Code’s development, contents, and influence in this article. 1095. The Compiled Edition presents each article of the Civil Code of 1870 with corresponding or source provisions of the Digest of 1808, the Code of 1825, the French Civil Code of 1804 and the Projet of 1800, in English and in French. The person so excluded shall not enjoy the usufruct and administration of the property thus inherited by his children. (n) Article 2. Art. 865. 729. (630), Art. 928. (758a). (879a), Art. 953. 883. 811. 1136. When the widow or widower survives with legitimate parents or ascendants, the surviving spouse shall be entitled to one-half of the estate, and the legitimate parents or ascendants to the other half. If a lease is to be recorded in the Registry of Property, the following persons cannot constitute the same without proper authority: the husband with respect to the wife’s paraphernal real estate, the father or guardian as to the property of the minor or ward, and the manager without special power. In the collateral line, it takes place only in favor of the children of brothers or sisters, whether they be of the full or half blood. The period for the action arising from the result of the accounting runs from the date when said result was recognized by agreement of the interested parties. 13. ) 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. (n). 773. (n), Art. (614a), Art. (1955a), Art. 1062. The right of the second heir shall pass to his heirs. The burden of proving the truth of the cause for disinheritance shall rest upon the other heirs of the testator, if the disinherited heir should deny it. Art. Art. Should he repudiate it as an intestate heir, without knowledge of his being a testamentary heir, he may still accept it in the latter capacity. 1072. Le dol est le fait pour un contractant d'obtenir le consentement de l'autre par des manœuvres ou des mensonges. (n), Art. (n), Art. (874a). 758. 980. (779a), Art. (n), Art. The right to accept an inheritance left to the poor shall belong to the persons designated by the testator to determine the beneficiaries and distribute the property, or in their default, to those mentioned in Article 1030. The period for prescription of actions to demand the fulfillment of obligation declared by a judgment commences from the time the judgment became final. (1938), Art. Two or more persons may be substituted for one; and one person for two or more heirs. 1084. Any person having the free disposal of his property may accept or repudiate an inheritance. 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. 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. (n), Art. 862. Art. 1130. 772. Possession has to be in the concept of an owner, public, peaceful and uninterrupted. (n). If the omitted compulsory heirs should die before the testator, the institution shall be effectual, without prejudice to the right of representation. (795a). Deaf-mutes who can read and write may accept or repudiate the inheritance personally or through an agent. 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. (655a), Art. (878a). Should brother and sisters of the full blood survive together with brothers and sisters of the half blood, the former shall be entitled to a share double that of the latter. 815. Year 1137 was a common year starting on Friday (link will display the full calendar) of the Julian calendar. 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. 720. 724. Art. An express acceptance must be made in a public or private document. The testator himself may, during his lifetime, petition the court having jurisdiction for the allowance of his will. Among the compulsory heirs the right of accretion shall take place only when the free portion is left to two or more of them, or to any one of them and to a stranger. Whoever finds a movable, which is not treasure, must return it to its previous possessor. 812. In both cases, the legitime of the surviving spouse shall be taken from the portion that can be freely disposed of by the testator. (765), Art. (n), Art. (n). The latter shall succeed without distinction of lines or preference among them by reason of relationship by the whole blood. Part 1 - Venue. 875. The representative does not succeed the person represented but the one whom the person represented would have succeeded. 818. Prescription, both acquisitive and extinctive, runs against: (1) Minors and other incapacitated persons who have parents, guardians or other legal representatives; (2) Absentees who have administrators, either appointed by them before their disappearance, or appointed by the courts; (3) Persons living abroad, who have managers or administrators; (4) Juridical persons, except the State and its subdivisions. (1074a), Art. (1945a). Criminal, police and public security statutes shall be binding on all persons within Spanish territory. 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. The preterition or omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the execution of the will or born after the death of the testator, shall annul the institution of heir; but the devises and legacies shall be valid insofar as they are not inofficious. (1077a), Art. Art. (n), Art. It is subject to no other form, and may be made in or out of the Philippines, and need not be witnessed. 1101. Ownership and other real rights over immovables also prescribe through uninterrupted adverse possession thereof for thirty years, without need … Articles 1382, 1383 et 1384 du Code civil. 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. 736. 757. This action cannot be renounced, and is transmitted, upon the death of the donor, to his legitimate and illegitimate children and descendants. This Code shall take effect one year after such publication. Art. In such case, legal succession shall take place only with respect to the property of which the testator has not disposed; (3) If the suspensive condition attached to the institution of heir does not happen or is not fulfilled, or if the heir dies before the testator, or repudiates the inheritance, there being no substitution, and no right of accretion takes place; (4) When the heir instituted is incapable of succeeding, except in cases provided in this Code. If, there being two or more donations, the disposable portion is not sufficient to cover all of them, those of the more recent date shall be suppressed or reduced with regard to the excess. Even though the testator may have omitted the name of the heir, should he designate him in such manner that there can be no doubt as to who has been instituted, the institution shall be valid. If the testator should bequeath or devise something pledged or mortgaged to secure a recoverable debt before the execution of the will, the estate is obliged to pay the debt, unless the contrary intention appears. 1085. Art. (809a). 902. (n), Art. Every devise or legacy shall cover all the interest which the testator could device or bequeath in the property disposed of, unless it clearly appears from the will that he intended to convey a less interest. Art. Illegitimate children who may survive with legitimate parents or ascendants of the deceased shall be entitled to one-fourth of the hereditary estate to be taken from the portion at the free disposal of the testator. Art. 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. Supervening incapacity does not invalidate an effective will, nor is the will of an incapable validated by the supervening of capacity. If the natural interruption is for only one year or less, the time elapsed shall be counted in favor of the prescription. Art. (429a), Art. 734. (n), Art. The legitime reserved for the legitimate parents shall be divided between them equally; if one of the parents should have died, the whole shall pass to the survivor. (1047). Possession in wartime, when the civil courts are not open, shall not be counted in favor of the adverse claimant. (1042a), Art. A partition, judicial or extra-judicial, may also be rescinded on account of lesion, when any one of the co-heirs received things whose value is less, by at least one-fourth, than the share to which he is entitled, considering the value of the things at the time they were adjudicated. Art. If only the widow or widower survives with parents of the illegitimate child, the legitime of the parents is one-fourth of the hereditary estate of the child, and that of the surviving spouse also one-fourth of the estate. In this Title, "decedent" is the general term applied to the person whose property is transmitted through succession, whether or not he left a will. However, such person so attesting shall be admitted as a witness as if such devise or legacy had not been made or given. A devise of indeterminate real property shall be valid only if there be immovable property of its kind in the estate. ARTICLE 1. 898. 741. (1) When the spouse has been convicted of an attempt against the life of the testator, his or her descendants, or ascendants; (2) When the spouse has accused the testator of a crime for which the law prescribes imprisonment of six years or more, and the accusation has been found to be false; (3) When the spouse by fraud, violence, intimidation, or undue influence cause the testator to make a will or to change one already made; (4) When the spouse has given cause for legal separation; (5) When the spouse has given grounds for the loss of parental authority; (6) Unjustifiable refusal to support the children or the other spouse. The legacy or devise shall be without effect: (1) If the testator transforms the thing bequeathed in such a manner that it does not retain either the form or the denomination it had; (2) If the testator by any title or for any cause alienates the thing bequeathed or any part thereof, it being understood that in the latter case the legacy or devise shall be without effect only with respect to the part thus alienated. (1959a). 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. This is FindLaw's hosted version of California Code, Civil Code. (947), Art. 834. Possession in wartime, when the civil courts are not open, shall not be counted in favor of the adverse claimant. 717. 1150. 1119. (819a). If the testator leaves neither father nor mother, but is survived by ascendants of equal degree of the paternal and maternal lines, the legitime shall be divided equally between both lines. 740. (820a), The devisee who is entitled to a legitime may retain the entire property, provided its value does not exceed that of the disposable portion and of the share pertaining to him as legitime. Art. (n), Art. The following rights, among others specified elsewhere in this Code, are not extinguished by prescription: (1) To demand a right of way, regulated in Article 649; (2) To bring an action to abate a public or private nuisance. In all these cases, the approval of the Court of First Instance shall be necessary. 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. (778), Art. 895. 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. The action for rescission on account of lesion shall prescribe after four years from the time the partition was made. If the owner has not pursued the swarm, or ceases to do so within two consecutive days, the possessor of the land may occupy or retain the same. Art. For more detailed codes research information, including annotations and citations, please visit Westlaw . (763a). Donations made to incapacitated persons shall be void, though simulated under the guise of another contract or through a person who is interposed. (n), Art. (1044). 833. (636). Art. Ownership and other real rights over immovable property are acquired by ordinary prescription through possession of ten years. A revocation of a will based on a false cause or an illegal cause is null and void. Art. Art. (814a), Art. (847a). 876. If a testamentary disposition admits of different interpretations, in case of doubt, that interpretation by which the disposition is to be operative shall be preferred. (n), Art. 1120. (751). (n), Art. 852. The effects of the acceptance or repudiation shall always retroact to the moment of the death of the decedent. (659), Art. Art. 927. (642a). The title for prescription must be true and valid. Art. Persons who accept donations in representation of others who may not do so by themselves, shall be obliged to make the notification and notation of which Article 749 speaks. (849), Art. 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. (985), Art. (1944a), Art. Should he not charge anyone in particular, all shall be liable in the same proportion in which they may inherit. 1090. Acceptance must be made during the lifetime of the donor and of the donee. 989. 829. Should brothers and sisters survive together with nephews and nieces, who are the children of the descendant's brothers and sisters of the full blood, the former shall inherit per capita, and the latter per stirpes. 792. (940a), Art. (n), Art. (n), Art. Should they not be able to read and write, the inheritance shall be accepted by their guardians. 789. (912a). 956. A fideicommissary substitution can never burden the legitime. The former unites the head of the family with those who descend from him. 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. (623), Art. (983a), Art. Art. Expand sections by using the arrow icons. Néanmoins, ne constitue pas un dol le fait pour une partie de ne pas révéler à son cocontractant son estimation de la valeur de la prestation. (945a), Art. When the title comprises two or more pieces of land which have been assigned to two or more co-heirs, or when it covers one piece of land which has been divided between two or more co-heirs, the title shall be delivered to the one having the largest interest, and authentic copies of the title shall be furnished to the other co-heirs at the expense of the estate. 751. Impossible conditions and those contrary to law or good customs shall be considered as not imposed and shall in no manner prejudice the heir, even if the testator should otherwise provide. 969. (996a). Every will, other than a holographic will, must be subscribed at the end thereof by the testator himself or by the testator's name written by some other person in his presence, and by his express direction, and attested and subscribed by three or more credible witnesses in the presence of the testator and of one another. 888. 1132. (1070a), Art. (1548a) Article 1648. If two or more heirs take possession of the estate, they shall be solidarily liable for the loss or destruction of a thing devised or bequeathed, even though only one of them should have been negligent. If heirs instituted in unequal shares should be reciprocally substituted, the substitute shall acquire the share of the heir who dies, renounces, or is incapacitated, unless it clearly appears that the intention of the testator was otherwise. Two or more persons cannot make a will jointly, or in the same instrument, either for their reciprocal benefit or for the benefit of a third person. (1969), Art. 817. The Uniform Code of Military Justice (UCMJ) is the bedrock of military law. The following shall be sufficient causes for the disinheritance of children and descendants, legitimate as well as illegitimate: (1) When a child or descendant has been found guilty of an attempt against the life of the testator, his or her spouse, descendants, or ascendants; (2) When a child or descendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found groundless; (3) When a child or descendant has been convicted of adultery or concubinage with the spouse of the testator; (4) When a child or descendant by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made; (5) A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant; (6) Maltreatment of the testator by word or deed, by the child or descendant; (7) When a child or descendant leads a dishonorable or disgraceful life; (8) Conviction of a crime which carries with it the penalty of civil interdiction. 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. This Code shall take effect one year after such publication. Donations with an onerous cause shall be governed by the rules on contracts and remuneratory donations by the provisions of the present Title as regards that portion which exceeds the value of the burden imposed. The action for revocation or reduction on the grounds set forth in article 760 shall prescribe after four years from the birth of the first child, or from his legitimation, recognition or adoption, or from the judicial declaration of filiation, or from the time information was received regarding the existence of the child believed dead. Voluntary heirs upon whom some condition has been imposed cannot demand a partition until the condition has been fulfilled; but the other co-heirs may demand it by giving sufficient security for the rights which the former may have in case the condition should be complied with, and until it is known that the condition has not been fulfilled or can never be complied with, the partition shall be understood to be provisional. (1079a), Art. Mixed succession is that effected partly by will and partly by operation of law. The preceding paragraph shall apply when the testator has disposed of his property in favor of the poor of a definite locality. If he left a will, he is also called the testator. The court shall distribute the estate as the respective needs of each beneficiary may warrant. (1957a), Art. (651), Art. (n). 847. The substitute shall be subject to the same charges and conditions imposed upon the instituted heir, unless and testator has expressly provided the contrary, or the charges or conditions are personally applicable only to the heir instituted. 775. A provision whereby the testator leaves to a person the whole or part of the inheritance, and to another the usufruct, shall be valid. 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. Art. (785a), Art. 873. 1155. Against a title recorded in the Registry of Property, ordinary prescription of ownership or real rights shall not take place to the prejudice of a third person, except in virtue of another title also recorded; and the time shall begin to run from the recording of the latter. The UCMJ is a federal law, enacted by Congress. (n), Art. Civil Code - CIV. 1066. When the widow or widower survives with legitimate parents or ascendants and with illegitimate children, such surviving spouse shall be entitled to one-eighth of the hereditary estate of the deceased which must be taken from the free portion, and the illegitimate children shall be entitled to one-fourth of the estate which shall be taken also from the disposable portion. 1052. (800a). 880. En droit de la responsabilité civile ce sont les arrêts qui font le droit. 968. (n). Art. An inheritance is deemed accepted: (1) If the heirs sells, donates, or assigns his right to a stranger, or to his co-heirs, or to any of them; (2) If the heir renounces the same, even though gratuitously, for the benefit of one or more of his co-heirs; (3) If he renounces it for a price in favor of all his co-heirs indiscriminately; but if this renunciation should be gratuitous, and the co-heirs in whose favor it is made are those upon whom the portion renounced should devolve by virtue of accretion, the inheritance shall not be deemed as accepted. (625). Prescription already running before the effectivity of this Code shall be governed by laws previously in force; but if since the time this Code took effect the entire period herein required for prescription should elapse, the present Code shall be applicable, even though by the former laws a longer period might be required. 1074. In order that the right of accretion may take place in a testamentary succession, it shall be necessary: (1) That two or more persons be called to the same inheritance, or to the same portion thereof, pro indiviso; and, (2) That one of the persons thus called die before the testator, or renounce the inheritance, or be incapacitated to receive it. 1018. The painter, sculptor or other artist shall have dominion over the product of his art even before it is copyrighted. If the movable cannot be kept without deterioration, or without expenses which considerably diminish its value, it shall be sold at public auction eight days after the publication. 1053. 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. 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