article 1137 of the civil code

Within thirty days after the court has issued an order for the distribution of the estate in accordance with the Rules of Court, the heirs, devisees and legatees shall signify to the court having jurisdiction whether they accept or repudiate the inheritance. (n). Thus, the child is one degree removed from the parent, two from the grandfather, and three from the great-grandparent. 866. (n), Art. Art. It may be brought by any one who may have an interest in the succession. As to lands registered under the Land Registration Act, the provisions of that special law shall govern. 768. (991). 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. In such case, the pertinent provisions of the Rules of Court for the allowance of wills after the testator's a death shall govern. 1014. (1080a). 830. (996a). (862a), Art. 1034. Italian law contains a general clause on good faith under article 1175 of the Italian Civil Code. Any disposition made upon the condition that the heir shall make some provision in his will in favor of the testator or of any other person shall be void. Donations which are to take effect upon the death of the donor partake of the nature of testamentary provisions, and shall be governed by the rules established in the Title on Succession. (n), Art. Art. Art. Expand sections by using the arrow icons. In cases falling under Nos. Persons of either sex under eighteen years of age cannot make a will. When the testator dies leaving illegitimate children and no other compulsory heirs, such illegitimate children shall have a right to one-half of the hereditary estate of the deceased. (656), Art. Every will must be acknowledged before a notary public by the testator and the witnesses. 44, 45 ,46, and 47 February 13, 2017 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. (767a). 719. 1048. (871). If the legatee or devisee acquires it gratuitously after such time, he can claim nothing by virtue of the legacy or devise; but if it has been acquired by onerous title he can demand reimbursement from the heir or the estate. Should it have existed or should it have been fulfilled at the time the will was executed and the testator was unaware thereof, it shall be deemed as complied with. Insofar as they may be inofficious or may exceed the disposable portion, they shall be reduced according to the rules established by this Code. 923. 1130. Art. If the testator, heir, or legatee owns only a part of, or an interest in the thing bequeathed, the legacy or devise shall be understood limited to such part or interest, unless the testator expressly declares that he gives the thing in its entirety. Legacies of money must be paid in cash, even though the heir or the estate may not have any. Art. DIVISION 3. Art. The action for a declaration of incapacity and for the recovery of the inheritance, devise or legacy shall be brought within five years from the time the disqualified person took possession thereof. Art. 935. The recognition of an illegitimate child does not lose its legal effect, even though the will wherein it was made should be revoked. Art. Art. Modifié par LOI n°2018-287 du 20 avril 2018 - art. (872). 974. (1001), Art. (804a). The latter, on the other hand, is not obliged to warrant the things donated, save when the donation is onerous, in which case the donor shall be liable for eviction to the concurrence of the burden. If the legatee or devisee cannot or is unwilling to accept the legacy or devise, or if the legacy or devise for any reason should become ineffective, it shall be merged into the mass of the estate, except in cases of substitution and of the right of accretion. 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. (949), Art. 1006. 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. (n) Article 2. (n), Art. 943. Even though forbidden by the testator, the co-ownership terminates when any of the causes for which partnership is dissolved takes place, or when the court finds for compelling reasons that division should be ordered, upon petition of one of the co-heirs. If the testator leaves illegitimate children, the surviving spouse shall be entitled to one-third of the hereditary estate of the deceased and the illegitimate children to another third. 877. 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. 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. Art. 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. (n), Art. A child already conceived at the time of the death of the decedent is capable of succeeding provided it be born later under the conditions prescribed in article 41. (657a), Art. (813a), Art. (763a). Civil Code - CIV. 741. 1121. (994), Art. 971. 882. 992. (800a). 1126. 981. Ownership and other real rights over immovables also prescribe through uninterrupted adverse possession thereof for thirty years, without need … (614). In such cases the testamentary dispositions made in accordance with law shall be complied with and the remainder of the estate shall pass to the legal heirs. 819. 1136. Art. Art. 818. If the will is contested, at least three of such witnesses shall be required. 800. The testator or the person requested by him to write his name and the instrumental witnesses of the will, shall also sign, as aforesaid, each and every page thereof, except the last, on the left margin, and all the pages shall be numbered correlatively in letters placed on the upper part of each page. Art. 919. (1048). 1021. Conformément aux dispositions du I de l'article 16 de la loi n° 2018-287 du 20 avril 2018, les dispositions de l'article 1137 dans leur rédaction résultant de ladite loi sont applicables aux actes juridiques conclus ou établis à compter de son entrée en vigueur. (n), Art. Art. 8, shall be those involved in the administration of the decedent's estate. If there is no such custom, the case shall be decided according to the jurisprudence. The latter shall succeed without distinction of lines or preference among them by reason of relationship by the whole blood. 994. Art. All things which are within the commerce of men are susceptible of prescription, unless otherwise provided. 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. 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. By future property is understood anything which the donor cannot dispose of at the time of the donation. The testator may entrust to a third person the distribution of specific property or sums of money that he may leave in general to specified classes or causes, and also the designation of the persons, institutions or establishments to which such property or sums are to be given or applied. 1035. (836a), Art. (758a). Donations which an illegitimate child may have received during the lifetime of his father or mother, shall be charged to his legitime. 895. If the value of the personal property donated exceeds five thousand pesos, the donation and the acceptance shall be made in writing, otherwise, the donation shall be void. Ed. The testator cannot impose any charge, condition, or substitution whatsoever upon the legitimes prescribed in this Code. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. 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. 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. The court, at the instance of an interested party, or on its own motion, may order the establishment of a permanent trust, so that only the income from the property shall be used. (646a). 901. 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. 1060. 786. 843. (n), Art. 726. (n), Art. In legal succession the share of the person who repudiates the inheritance shall always accrue to his co-heirs. 973. A tacit acceptance is one resulting from acts by which the intention to accept is necessarily implied, or which one would have no right to do except in the capacity of an heir. Such will may be probated in the Philippines. Should children of the deceased and descendants of other children who are dead, survive, the former shall inherit in their own right, and the latter by right of representation. (993a), Art. 894. (655a), Art. Part 10A - Mandatory Arbitration System. (n), Art. An absolute condition not to contract a first or subsequent marriage shall be considered as not written unless such condition has been imposed on the widow or widower by the deceased spouse, or by the latter's ascendants or descendants. (619), Art. If there are several relatives of the same degree, and one or some of them are unwilling or incapacitated to succeed, his portion shall accrue to the others of the same degree, save the right of representation when it should take place. (1960a), Art. The period for prescription of actions to demand the fulfillment of obligation declared by a judgment commences from the time the judgment became final. (1933). (1047). The old possession is not revived if a new possession should be exercised by the same adverse claimant. (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. Article 1. (n), Art. The dispositions of the testator declaring all or part of the estate inalienable for more than twenty years are void. The excess, should there be any, shall in no case pertain to the renouncer, but shall be adjudicated to the persons to whom, in accordance with the rules established in this Code, it may belong. (834a). Art. Art. When there is an imperfect description, or when no person or property exactly answers the description, mistakes and omissions must be corrected, if the error appears from the context of the will or from extrinsic evidence, excluding the oral declarations of the testator as to his intention; and when an uncertainty arises upon the face of the will, as to the application of any of its provisions, the testator's intention is to be ascertained from the words of the will, taking into consideration the circumstances under which it was made, excluding such oral declarations. (1969), Art. (1007a). 755. 747. (n). 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. Art. Part 3 - Appearance. Movables possessed through a crime can never be acquired through prescription by the offender. (n), Art. When the grandchildren, who survive with their uncles, aunts, or cousins, inherit from their grandparents in representation of their father or mother, they shall bring to collation all that their parents, if alive, would have been obliged to bring, even though such grandchildren have not inherited the property. (997). This fourth shall be taken from the free portion of the estate. 5. (882a), 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. (760a), Art. The law presumes that every person is of sound mind, in the absence of proof to the contrary. A devise of indeterminate real property shall be valid only if there be immovable property of its kind in the estate. 1081. (653). If burned, torn, cancelled, or obliterated by some other person, without the express direction of the testator, the will may still be established, and the estate distributed in accordance therewith, if its contents, and due execution, and the fact of its unauthorized destruction, cancellation, or obliteration are established according to the Rules of Court. 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. A legacy or devise made to a creditor shall not be applied to his credit, unless the testator so expressly declares. (928a), Art. 1101. (645a). All other corporations or entities may succeed under a will, unless there is a provision to the contrary in their charter or the laws of their creation, and always subject to the same. 795. If the only survivor is the widow or widower, she or he shall be entitled to one-half of the hereditary estate of the deceased spouse, and the testator may freely dispose of the other half. (n), Art. The legacy referred to in the preceding article shall lapse if the testator, after having made it, should bring an action against the debtor for the payment of his debt, even if such payment should not have been effected at the time of his death. The legitime of the illegitimate children shall be taken from the portion of the estate at the free disposal of the testator, provided that in no case shall the total legitime of such illegitimate children exceed that free portion, and that the legitime of the surviving spouse must first be fully satisfied. (857). (751). 769. 2 3. (648a). Alienations of hereditary property, and acts of administration performed by the excluded heir, before the judicial order of exclusion, are valid as to the third persons who acted in good faith; but the co-heirs shall have a right to recover damages from the disqualified heir. 910. (n). An action to enforce the warranty among heirs must be brought within ten years from the date the right of action accrues. In order to make a will it is essential that the testator be of sound mind at the time of its execution. 3. A revocation of a will based on a false cause or an illegal cause is null and void. The same rule applies if the testator has instituted several heirs, each being limited to an aliquot part, and all the parts do not cover the whole inheritance. (1972), Art. Art. (n), Art. 1154. The legitime of legitimate parents or ascendants consists of one-half of the hereditary estates of their children and descendants. 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. Parents are not obliged to bring to collation in the inheritance of their ascendants any property which may have been donated by the latter to their children. Art. (n), Art. 1100. Spring – Emperor John II (Komnenos) leads a Byzantine expeditionary force into Cilicia (the Byzantine fleet guards his flank). 771. En droit de la responsabilité civile ce sont les arrêts qui font le droit. In case of any insertion, cancellation, erasure or alteration in a holographic will, the testator must authenticate the same by his full signature. Every act which is intended to put an end to indivision among co-heirs and legatees or devisees is deemed to be a partition, although it should purport to be a sale, and exchange, a compromise, or any other transaction. (1056a). To the net value of the hereditary estate, shall be added the value of all donations by the testator that are subject to collation, at the time he made them. (n), Art. In all cases of illegitimate children, their filiation must be duly proved. Only those who at the time of the donor's death have a right to the legitime and their heirs and successors in interest may ask for the reduction or inofficious donations. A parent who, in the interest of his or her family, desires to keep any agricultural, industrial, or manufacturing enterprise intact, may avail himself of the right granted him in this article, by ordering that the legitime of the other children to whom the property is not assigned, be paid in cash. 1095. 1088. 781. Art. 1133. 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. 888. 1059. 855. 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. The unworthy heir who is excluded from the succession has a right to demand indemnity or any expenses incurred in the preservation of the hereditary property, and to enforce such credits as he may have against the estate. However, a disposition in favor of a definite class or group of persons shall be valid. A legacy of generic personal property shall be valid even if there be no things of the same kind in the estate. 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. THE CIVIL CODE Translated from Arabic into English by James Whelan MA (Cantab), Cert. If the condition is casual or mixed, it shall be sufficient if it happens or be fulfilled at any time before or after the death of the testator, unless he has provided otherwise. Art. (796), Art. 1032. Art. In both cases, the legacy shall comprise all interests on the credit or debt which may be due the testator at the time of his death. The donor shall also be liable for eviction or hidden defects in case of bad faith on his part. (1076). If a periodical pension, or a certain annual, monthly, or weekly amount is bequeathed, the legatee may petition the court for the first installment upon the death of the testator, and for the following ones which shall be due at the beginning of each period; such payment shall not be returned, even though the legatee should die before the expiration of the period which has commenced. The testator may devise and bequeath the free portion as he may deem fit. Article 1147 : on comprend que le débiteur ne doit pas être condamné à des dommages et intérêts s’il apporte la preuve qu’il n’a pas exécuté en raison d’une cause étrangère qui ne peut lui être imputé. 1074. The inheritance includes all the property, rights and obligations of a person which are not extinguished by his death. In the direct line, ascent is made to the common ancestor. 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. (1069a). Browse the Civil Code: Front Matter. (929a). If illegitimate children survive with legitimate children, the shares of the former shall be in the proportions prescribed by Article 895. If a person legally entitled to the estate of the deceased appears and files a claim thereto with the court within five years from the date the property was delivered to the State, such person shall be entitled to the possession of the same, or if sold the municipality or city shall be accountable to him for such part of the proceeds as may not have been lawfully spent. A mortgage action prescribes after ten years. (944). (n), Art. 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. In all these cases, the approval of the Court of First Instance shall be necessary. 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. 1054. 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. Should the only survivors be brothers and sisters of the full blood, they shall inherit in equal shares. (n), Art. 896. 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. 1009. Part 1 - Venue. Possession is naturally interrupted when through any cause it should cease for more than one year. He may deem fit public Official establishments can neither accept nor repudiate inheritance. Customs which are within the commerce of men are susceptible of prescription, either personally or their! Of relationship in the same way, rights and conditions are lost by prescription another contract through! 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