SUCCESSION

(FROM THE BOOK OF PARAS)

General Definition (Translation from Latin meaning the placing of one person in the place of another) The transmission of rights and properties from one person to another. Succession may be inter vivos = whether the transfer is effective during the lifetime of the giver. Occurs in ordinary donation. - Or mortis causa = after death. Technical Definition denotes the transfer of title to property under the laws of descent and distribution, taking place as it does, only on the death of a person. Kinds of Succession: As to effectivity: Inter vivos e.g. donation. Mortis causa succession in the specific sense in Art. 774. As to whether a will exists or not: Testamentary succession there is a will. Intestate or legal succession NO will. Mixed succession part of property has been disposed of in a Will. As to the transferees of the property: Compulsory succession refers to the legitime. Voluntary succession refers to the free disposal. As to the extent of rights and obligations involved: Universal succession covering ALL juridical relations involving the deceased.

Particular succession covering only certain items or properties. Special kind: Contractual succession where a future husband and a future wife give to each other future property, effective mortis causa, by means of a marriage settlement.

CHAPTER 1 GENERAL PROVISIONS Art. 774 Succession is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another or others either by his will or by operation of law. Art. 774 speaks of succession mortis causa; it also defined the term. Elements of the Definition: -mode of acquisition or ownership -transfer of property rights and obligations to the extent of the value of the inheritance of a person called grantor, or transferor, decedent, testator, or intestate. -transmission thru DEATH -transmission to another = called grantee, or transferee, heir, legatee, or devisee. -by will or by operation of law = testamentary or legal succession.

Bases for Succession: *the natural law which obliges a person to provide for those he would leave behind = natural law of consanguinity, or of blood, natural affection toward those nearest him in relationship. *socio-economic postulate which would prevent wealth from becoming inactive or stagnant. *the implicit attributes of ownership which would be imperfect, if a person is not allowed to dispose of his property, such disposal to take effect when he is dead already. Art. 775 In this title, Decedent is the general term applied to the person whose property is transmitted through succession, whether or not he left a will. If he left a will, he is also called the testator.