succession

basis:
natural law
attribute of ownership acquired in lifetime; prrogative to choose to inherit fro
m you
social economic view- dont want prop to be stagnant
terms
decedent/testator- one who died
heir- inherit with or wo will; whole inheritance or a portion of aliquot
legatee- who receives gift of personal prperty if there is will
devise- receives a gift of real if there is will
property- must be within the commerce of men
rights- there are rights which can be transmissible or intransmissible
obligations
right to execution
right to continue in lease contract in there is no violation or prohibition
in action for ejectment whether UD or
obligations GR are transmissible
express limitations
exceed the value of inheritance
who pay? the estate of decedent
a will- testamentary
no will- legal or intestate succession
Elements
1)transmission from one person to another
2)tranfer through death
preterition?
4)
what are properties subject to succession?
Art 793
What is inheritance?
Art 776
Litonjua vs Montilla Jan 31 1952 90 Phil 757
the creditor who is not creditor of decedent cannot intervene in spec proo
Ledesma vsMclachlin
66 Phil 547
cann children complelled to pay their fathers obligation?
No, SC use definition of Succession
children didnt inherit from their father instead from grandfather.
Rabadilla vs CA Gr 113725
fedi commisari substitution vs simple subsitution there must be first heir and s

ubstitute heir; predecease , repudiation,

transmissible if the value of inheritance exceed the value of obligation
Art 777 Tran of successional rights
Requisites:
there must be death
it must be transmissible
existence of heir legatee or devises, capacity willing ness to inherit
presumptive death
ordinary absence- Art 390
exception: wait for 10 years
extraordinary - 4 years
5 years if he is 75 years old.
can be rebutted by strong evidence through his appearance
in the condition that he may be found
Art 1027
1028 can
1032 DQ in inheritance
Willingness to inherit- Art 6 CC all rights can be waived
inheritance can be renounce, repudiated provided it is vested already meaning th
e person is already dead otherwise it is considered future inheritance which is
null and void
Coronel vs CA 263 SCRA 15
Suarez vs CA 213 SCRA 397
Paulmitan CA 215 SCRA 866 Nov 25 92
Opulencia vs CA 125835
Ferrer vs SPS Diaza GR 165300
Is Waiver of heriditary rights in favor of another person executed by a future h
eir while the parent are still alive valid?
No, because it is renunciation of future inheritance and is null and void under
the law. right is inchoate
Is an adverse claim annotated on the title of a lot based on such waiver likewis
e a valid and effective as to bind the subsequent owners and hold them liable to
the claimant?
NO. if the root is null and void, it is likewise null and void