If the estate should not be sufficient to cover all the legacies or devises, their payment shall be made in the following order: (2) Legacies or devises declared by the testator to be preferential; (5) Legacies or devises of a specific, determinate thing which forms a part of the estate; Art. 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. (815), Art. A collateral line is that constituted by the series of degrees among persons who are not ascendants and descendants, but who come from a common ancestor. (872). 813. 966. 876. 742. (n). A mortgage action prescribes after ten years. (997). 1053. Art. The appointment of the administrator of the estate mentioned in the preceding article, as well as the manner of the administration and the rights and obligations of the administrator shall be governed by the Rules of Court. 801. 865. Art. (821), Art. 984. From the moment of the testator's death, the thing bequeathed shall be at the risk of the legatee or devisee, who shall, therefore, bear its loss or deterioration, and shall be benefited by its increase or improvement, without prejudice to the responsibility of the executor or administrator. Art. (n), Art. Specific clauses on good faith in the phase of negotiations are set out under article 1337 of the Italian Civil Code, which states that the parties shall behave in good faith in the phase of the negotiations and the formation of the contract. Art. 785. (n), Art. 916. 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. (871). The action for rescission on account of lesion shall prescribe after four years from the time the partition was made. Art. 1110. (801a), Art. Browse the Civil Code: Front Matter. Art. (638a), Art. (n), Art. (609a), Art. Art. (885a). 792. Art. (612a), Art. If he had knowledge thereof, the condition shall be considered fulfilled only when it is of such a nature that it can no longer exist or be complied with again. 744. (989), Art. (n), Art. 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. (956a), Art. 807. 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. 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. (n), Art. 1142. Art. For the purposes of prescription, just title must be proved; it is never presumed. (653). 799. 997. The personal law applicable to an individual shall be determined by his nationality. 834. (772). Le dol est le fait pour un contractant d'obtenir le consentement de l'autre par des manœuvres ou des mensonges. (943a), Art. In this case, the property donated shall be returned to the donor, the alienations made by the donee and the mortgages imposed thereon by him being void, with the limitations established, with regard to third persons, by the Mortgage Law and the Land Registration Laws. 1120. (654). 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. It may be brought by any one who may have an interest in the succession. 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. Art. 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. Donations which in accordance with the provisions of Article 752, are inofficious, bearing in mind the estimated net value of the donor's property at the time of his death, shall be reduced with regard to the excess; but this reduction shall not prevent the donations from taking effect during the life of the donor, nor shall it bar the donee from appropriating the fruits. Incapacity to succeed by will shall be applicable to donations inter vivos. When a Filipino is in a foreign country, he is authorized to make a will in any of the forms established by the law of the country in which he may be. This period having expired, they shall pertain to him who has caught and kept them. Should he not charge anyone in particular, all shall be liable in the same proportion in which they may inherit. 1104. (1943). 757. 944. (740a), Art. Article 1137 et 1147 du Code civil. 989. The ownership of a piece of land cannot be acquired by occupation. Art. A disposition made in general terms in favor of the testator's relatives shall be understood to be in favor of those nearest in degree. 1082. (800a). (756, 673, 674a). The UCMJ is a federal law, enacted by Congress. A mere charge on the estate of the testator for the payment of debts due at the time of the testator's death does not prevent his creditors from being competent witnesses to his will. 873. 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. 2, 3, or 5 of Article 1032, it shall be necessary to wait until final judgment is rendered, and in the case falling under No. If the will is contested, at least three of such witnesses shall be required. (983a), Art. The conditions of good faith required for possession in Articles 526, 527, 528, and 529 of this Code are likewise necessary for the determination of good faith in the prescription of ownership and other real rights. The statement of a false cause for the institution of an heir shall be considered as not written, unless it appears from the will that the testator would not have made such institution if he had known the falsity of such cause. Art. 2. Such law shall govern capacity and civil status, … Art. The will shall be disallowed in any of the following cases: (1) If the formalities required by law have not been complied with; (2) If the testator was insane, or otherwise mentally incapable of making a will, at the time of its execution; (3) If it was executed through force or under duress, or the influence of fear, or threats; (4) If it was procured by undue and improper pressure and influence, on the part of the beneficiary or of some other person; (5) If the signature of the testator was procured by fraud; (6) If the testator acted by mistake or did not intend that the instrument he signed should be his will at the time of affixing his signature thereto. (n), Art. 846. (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. 1069. 824. (659), Art. (1) For adultery on the part of the wife and for concubinage on the part of the husband as defined in the Penal Code; or (2) An attempt by one spouse against the life of the other. (n), Art. For more detailed codes research information, including annotations and citations, please visit Westlaw . (746a). 877. En droit de la responsabilité civile ce sont les arrêts qui font le droit. 851. The testator himself may, during his lifetime, petition the court having jurisdiction for the allowance of his will. 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. 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. This Act shall be known as the "Civil Code of the Philippines." 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