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Succession Up

Succession Up

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Published by bfirst122317
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Published by: bfirst122317 on Jun 19, 2014
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Notes And Cases On SUCCESSION
Based on Lectures given by:Prof. Ruben Baane and Prof. Aracei Baviera
 
Co!"ied and Edited by Rode A. #oinaUP La$ Batc% &''(
This work is a compilation of Prof. Ruben Balane's lectures in succession, by his students both in the UP College of  aw and in the !teneo aw "chool. ectures of Prof. Ba#iera in Ci#il aw Re#iew $"uccession% ha#e also been included in this work. "pecial thanks to ouella &ra for lending me her magic notes on "uccession as compiled by students of the !teneo aw "chool, to ianne Tan for lending me her diskette in "uccession containing the lectures of Prof. Ba#iera and to the late duardo  Balangue for lending me his magic notes on "uccession as compiled by students of the UP College of aw.This work is dedicated to Class !, UP aw Batch ())*, to which & belong.
-- RAM _______________ 
IN)RO*UC)ION
Conce"t.++
Succession is the last mode of acquiring ownership. It is an independent mode of acquiring ownership.
Re,uisites of Succession:
(1) eath of the predecessor!(") #$istence and capacit% of the successor!(&) 'roision of the law or proision of a will granting the right of succession!() Acceptance *% the successor.
-: Is tradition deivery/ re,uired for o$ners%i" to transfer0
A+ ,o. wnership is transferred *% succession not *% an% other mode.
Ety!oogy.++
Succession is deried from " /atin words+
 sub
 meaning under (e.g. an underling a su*ordinate if a plane traels at a su*sonic speed or fl% *elow opposite-- su*sonic) and
cedere
meaning to gie to pass. Succession therefore is a passing under. It gies the idea of the nature of succession as originated from Roman /aw. 0h% do the Romans call it a passing under 2ec. of the fiction in Roman /aw that a personalit% occupies a space that is a legal personalit% is permanent. A  permanent fi$ture *ut the occupant will go awa%. And it is the successor who will occup% the
 
Notes and Cases on SUCCESSION
3ompiled and #dited *% RAM
space %ou left acant. 4here is alwa%s what %ou call
 personalitas.
 5Sound through5 li6e a pla%where %ou wear a mas6 and the one *ehind the curtain is sounding through. that is some*od% is reall% tal6ing *ehind %ou. 4his *% analog% is succession.
 Persona
means 5%ou5 the character.
 Personalita
 or personalit% w7c is alwa%s there and there is or there will alwa%s *e an occupant who comes and goes! it ma% change the character the person passes under. 0hat is *ehind all this'ersonalit% neer dies. 0e are *ut dust and shadows *ased on the realit% of death.0h% do we hae to deise this fiction 0h% the law on succession 4he /aw on succession has arious underpinnings in Roman /aw that is
 first 
 the ague idea of after life li6e the ideas of 8orace -- state of good in the #lipian fields!
 second 
 that the law deelops *ased on conditions of societ%. ne of the most *asic desire of man is the desire for immortalit%. 8ow 0hen 4o 0hom In 0hat proportion are the% transmitted -- Succession.2ASIS 9 48# /A0 , S:33#SSI,+1. Succession proides the ehicle for satisf%ing %our %earning and longing for immortalit%. It satisfies or consoles %ourself that something in %ou lies foreer and this is %our personalit%. thers usuall% leae something li6e paintings*oo6 of poems statue so that the% will *e remem*ered foreer e.g. 8orace *% Sha6espeare.". 3oncept of
 pater familias
. iligence of
 pater familias
.
 Pater familias
means head of the famil%. 4he *asic unit of Roman societ%. It is he who managed and e$ercised authorit% oer his children a*solute control oer his wife. In Roman law a man;s wife is his child. It is he who is the guardian of the famil% gods. It is a position that must *e occupied eer% time. It is unthin6a*le to *e otherwise. nce he dies it is a*solutel% necessar% not onl% in religion that he is to *e replaced immediatel%. 4his is indispensa*le.4hese underpinnings are gone now. 4oda%succession is nothing *ut a mode of acquiring ownership. 0h% 2ecause %ou do not hae the fiction to hae succession *ec. of the spread of 3hristianit% w7c too6 the place of those %earnings that it is *elieing in <od and life after death.  ,o more %earnings for immortalit% unless %ou do not *eliee in the teachings of 3hristianit%.Also the concept of
 pater familias
 is no longer applica*le *ec. of parental authorit% w7c restricted the authorit% of the head of the famil%. 0e no longer hae slaes a*solute control oer children etc.2ut old *eliefs do not die easil%. Some proisions of the law on succession are influenced *% these underpinnings. /i6e5heirs are the continuation of the personalit% of the decedent.5 Another is+ when a condition is imposed upon the su*stitute does the su*stitute hae to fulfill the condition All of these are residual elements of Roman /aw.
*efinition of Succession.++
Succession in a =uridical sense is the su*stitution of one person for another in a determina*le relationship or a su*rogation of one person *% another in a =uridical situation. (Manresa.)Succession is the su*stitution of a person to the determina*le legal relationship of another. (3astan.)3astan;s definition is *etter. (2alane.)
P1ILIPPINE LA2 ON SUCCESSION Based on t%e ecture given by 3BL Reyes./
#er% person during his lifetime is at the center of a num*er of =uridical relation flowing
'A<# "
 
Notes and Cases on SUCCESSION
3ompiled and #dited *% RAM
from personalit%. Some of these legal relations are permanent some are transitor%. Some of these relations are+ paternit% and filiationmarriage and maternit%mem*ership of the *ar student of :' etc. w7c other persons do not hae. 4here are transitor% relations and e$amples of these are one when *ought a *ottle of 3o6e! lease of an apartment unit! a mortgage! a contract of  partnership! when one rides a *us etc. 0hen a person dies personalit% is e$tinguished. Some of these =uridical relations will die w7 %ou--
intuitu personae++
 SSS <SIS-- if the% die w7 %ou no pro*lem. *ut some of them surie e.g. land sa% a thousand hectares. If it is onl% a *all pen left *% the decedent it is not a  *ig pro*lem. 2ut what if the decedent left a *ig tract of land or there is a contract of sale w7c transfers ownership *et. the decedent and third parties. >ou hae to set a deise. >ou can not leae them hanging in the air. >ou hae to deise a set of rules to determine the how when to whom to what e$tent these rights will *e transmitted. 4he law w7c goerns them is succession. And that is all on succession eer%thing is footnotes.
*I44EREN) 5IN*S O4 SUCCESSION
A. 2% the moment of transmission+1.
mortis causa++
ta6es place *% irtue of death".
inter #i#os++
 ta6es place independentl% of death during the lifetime of the parties (now called onation
inter #i#os
.)2. #$tent of rights inoled+1.
Uni#ersal 
-- this is er% catch%- it inoles the entire estate or fractional or aliquot or undiided part of the estate e.g. I gie %ou 17" of m% estate.".
 Particular partial 
.-- succession to specific itemsa. legac%-- specific personal prop. e.g. I gie %ou m% car  *. deise-- specific real prop. e.g. I gie to < m% fishpond in /aguna. 3. As to cause+1.
Compulsory.
-- that effected *% operation of law to forced heirs een if not in a will! succession to the resered portion7 legitime".
Testamentary.++
 *% will&.
 &ntestate or legal.++
succession in default of a will! su*ordinate to testamentar% succession.
 -ied 
.-- com*ination of the a*oe.?.
Contractual 
.-- #.g. donation
 propter nuptias
 *% one to another of future prop. w7c ta6es effect after death. 0h% contractual 2ec. of the transfer of prop. is not *% irtue of a will  *ut *% contract. So it is goerned *% the law on contracts. 8ence it must *e goerned *% the Statute of 9rauds. It must *e in writing to *e enforcea*le.. As to parties to succession+1. ecedent transferor
causante, acutor, de cuius
". Successor transferee
causa habiente
#. As to terms+1. 4estator.-- decedent left a will". Intestate.-- decedent did not leae a will&. 8eir.-- one who succeeds *% uniersal title or to a share of the estate. eisee.-- one who succeeds *% particular title to real prop.
'A<# &

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