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An adopted child cannot represent

*walang representation sa Adopted Child


Adoption creates the legal relationship between the adopted and adopter
10332 Unwortin

Walang representation sa adopted child


Adopted does not become relative to any legitimate relative of the adopter
Neither can he be represented

1032 unworthiness
To erase the unworthiness you need a pardon
Xpress must be in writing
Implied if the unworthy heir is instituted, the testator has knowledge

If there is no pardon he cannot inheir

The father invokes of the inheritiance


932

Moment of the fulfillment of the condition


Moment of death of the testator
If you do not want to accespt the generosity of the other person no body can force
you to do it
Acceptance and repudiation is a voluntary act.
It will retroact from the moment of death

Impliedly accepted
2. if there are several heirs and one of the heirs renounces her share
Exercising an act of ownership
1052

The creditor is allowed to accept up to the amount

You can accept for not doing anything


Repudiation
Made in public document
Or authentic instrument genuiness cannot be doubted
Or by filing

Partition
Prior to partion the heirs are co-ownership of the property they inherited
To rbing about the end of the division
Extra judicial
No minors
No debts
A testator can make a partiion during his lifetime (free to revoke it before his death)
as long as the legitme of the compulsory heirs is not impaired

Will
Act of intervivos

1080

Mang Oy vs CA
The will of Ongpao is void a will but it can be consideredas a valid partiion

For a void will to be considered as valid partition


1.

The will must in reality be a partition in the will specific determinate of


properties are given to the specific individual or heirs

Property is given to specific individuals or heirs


2.

The beneficiaries named in that void will must be legal heirs

The modes of acquiring ownership and partiion is not a mode of acquiring


ownership
Effects of partition
-

Mutual reciprocal warranty among the heirs with respect to title and quality of
the portion
The action to enforce this warranty prescribes in 10 years 10 years from the
date of action accrues
Situation when there is no warranty (1096)
*Testator is the one who made the partition unless there is impairment of
legitime of compulsory heirs or unless it is clear there is an intetntion
otherwise
*If there is an express agreement that there is no warranty
* If eviction is due to a causes which arose after the Partition
Partition is a contract subject for Rescission
Prescriptive period : 4 years from the time Patition was made
1104
1105
What wil be the consequenses incase the heir is omitted in the Partition
If there is only one heir but smehow he entered in the pafrtition with the third
person
Such is void
3rd person does not have the right
If two or more heirs and 3rd person is included
Share of the 3rd person is void
If there are several heirs and one of them is omitted his share instead given
to the 3rd person - the portion given to the 3rd person should instead be given
to the omitted heir and there is a corresponding obligation on the part of the

heirs who participated in the partition to proportionally contribute to the


share of the omitted heir.
ViadoNon vs CA

Upon partici 1096


Excluded the mentally retarded child
It does not mean that the entire partiion is void unless there is bad faith or fraud.