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Arts.

960-1014L LEGAL OR INTESTATE substitution and no right of accretion takes


SUCCESSION place
 When the heir instituted is incapable of
GENERAL PROVISIONS (960-962) succeeding, EXCEPT: in cases provided in
this code
What is a legal or intestate succession?
 Is that which is effected by operation of law What are the other causes of intestacy, other than
in default of a will those enumerated under Art. 960?
 When there is preterition in the testator’s will
Why is it that the designation made by the law of of one, or some, or all of the compulsory
the persons who shall succeed the decedent, in heirs in the direct descending line;
cases of legal or intestate succession, is  When a testamentary disposition is subject
considered as the presumed will of the decedent? to resolutory condition, and such condition is
 It proceeds on the principle, that if the fulfilled
decedent had made a will, he would have  When a testamentary disposition is subject
provided, first, for his children or to a term or period, and such term or period
descendants, second, for his parents or expires;
ascendants, and third, for his collaterals.  When a testamentary disposition is
 Human experience taught us, that if the impossible of compliance or is ineffective
testator was able to execute a will, he would
have provided for those persons, in the order What is the order of intestate succession?
of succession provided for by law.  In default of testamentary heirs, it is
presumed that he would have provided:
What is the most essential feature of legal or a. For the legitimate relatives
intestate succession? b. For the illegitimate relatives
 It is the law which operated, not the will of c. For the surviving spouse
the decedent. d. For the State.
 N.B: the order of intestate succession os
When is there intestate succession? prescribed by law. Hence, any agreement or
 If a person dies without a will or with a void partnership contract entered into by the
will, or one which has subsequently lost its parties cannot affect the hereditary rights,
validity. which belong to the relatives of the deceased
 When the will does not institute an heir to, or predecessor-in-interst.
dispose of all the property belonging to the
testator. In such case, legal succession shall What is the “rule of preference between lines?
take place only with respect to the property  Those in the direct descending line shall
of which the testator has not disposed. exclude in the succession those in the direct
 If the suspensive condition attached to the ascending and collateral lines, and those in
institution of heir does not happen or is not the direct ascending line shall turn exclude
fulfilled or if the heir dies before the testator, those in the collateral line
or repudiates the inheritance there being no
What is the rule of proximity?
 In every inheritance, whether testamentary
or intestate, the relatives’ nearest in degree
to the descendant

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