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1 NOTE: This case was decided in 1942, which meant that when
they were referring to the Civil Code, they were referring to the old
one, not the new one which took effect in 1950. Consequently,
Article 1790 is now Article 2010 of the New Civil Code; the text of
the provision, however, remains the same.
mutual lives, and the survivor takes the whole on the death of
the other. The right to make joint deposits has generally been
held not to be done away with by statutes abolishing joint
tenancy and survivorship generally as they existed at common
law.
Even considering the operation or effect of the survivorship
agreement (or, in simple terms, as-applied), the agreement in
this case remains valid. There was no showing that there was
fraud or vitiation of consent as to nullify the contract.
o An agreement which is per se not contrary to law will be
violative of the law if it be shown in a given case that such
agreement is a mere cloak to hide an inofficious donation,
to transfer property in fraud of creditors, or to defeat the
legitime of a forced heir.
NOTES:
For those details which are not important but seems important.