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Q: Are afteracquired properties of the decedent transmissible?

GR: Property acquired during the period between the execution of the will and the death of the
testator is not included.
XPN: When a contrary intention expressly appears in the will. (Art. 793)
Note: Applies only to legacies and devises and not to institution of heirs.
The inheritance of a person includes not only the property and the transmissible rights and
obligations existing at the time of his death, but also those which have accrued thereto since the
opening of the succession. (Art. 781)
Q: What is the general rule as regards transmissibility of rights?
A: If the right or obligation is intuitu personae, it is intransmissible, otherwise it is transmissible.
Note: Intuitu personae means strictly personal.


What rights are not transferred by the death of a person?

Purely personal rights;
Rights which are made intransmissible by stipulation of the parties;
Rights which are intransmissible by provision of law.

Note: All other rights are transmissible to the heirs upon the death of a person.

Q: What are the rights that are extinguished by death?

1. Partnership rights
2. Agency
3. Personal easements
4. Usufruct
5. Legal support
6. Parental authority
Q: What obligations or contracts are not transmitted by death?
A: Those which are made intransmissible:
1. by their nature;
2. by stipulation; or
3. by provision of law (Art. 1311)
Note: This is an exception to the general rule that contracts or obligations are binding upon the
parties, their heirs or successorsininterest.
Q: What are the obligations that are extinguished by death?
1. Monetary obligations are not transmitted to the heirs.
2. Nonmonetary obligations are transmitted to the heirs.
Q: May heirs be held liable for the debts or obligations of the decedent?
GR: No. It is the estate that pays for the debts left by the decedent.
XPN: It is true that the heirs assume liability for the debts of the decedent, although it is limited
only to the extent of the value of the inheritance received. (Estate of Hemady v. Luzon Surety Co.,
G.R. No. L8437, Nov. 28, 1956)
Note: The heirs are not personally liable with their own individual properties for the monetary
obligations/debts left by the decedent.
Q: Is a contract of guaranty extinguished by death?
A: No, because a contract of guaranty does not fall in any of the exceptions under Art. 1311 (relativity
of contracts). A guarantors obligation is basically to pay the creditor if the principal debtor cannot pay.
Payment does not require any personal qualifications. The personal qualifications become relevant only
at the time the obligation is incurred but not so at the time of discharge or fulfillment of the obligation .
(Estate of Hemady v. Luzon Surety Co., Inc., G.R. No. L8437, Nov. 28, 1956)
Q: The wife died while the action for legal separation was pending. Her children, however,
wanted to continue the action. They ask that they be allowed to substitute their deceased
mother, arguing that the action should be allowed to continue. Decide.

A: The children cannot be substituted in an action for legal separation upon the death of their mother
who filed the case. An action for legal separation is purely personal on the part of the innocent spouse
because such an action affects