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    Succession 17-20

    Uploaded by

    Bernalyn Domingo Alcanar
    The document compares preterition, disinheritance and repudiation in terms of manner and form, subject, actor, cause, intention, and status of the act. It also lists the forms of repudiation under Philippine law and defines absolute and relative incapacity, with absolute incapacity rendering one unable to inherit from anyone while relative incapacity limits inheritance from certain people or properties.

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    Succession 17-20

    Uploaded by

    Bernalyn Domingo Alcanar
    97 views3 pages
    The document compares preterition, disinheritance and repudiation in terms of manner and form, subject, actor, cause, intention, and status of the act. It also lists the forms of repudiation under Philippine law and defines absolute and relative incapacity, with absolute incapacity rendering one unable to inherit from anyone while relative incapacity limits inheritance from certain people or properties.

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    Succession 17-20.docx

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    The document compares preterition, disinheritance and repudiation in terms of manner and form, subject, actor, cause, intention, and status of the act. It also lists the forms of repudiation under Philippine law and defines absolute and relative incapacity, with absolute incapacity rendering one unable to inherit from anyone while relative incapacity limits inheritance from certain people or properties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    97 views3 pages

    Succession 17-20

    Uploaded by

    Bernalyn Domingo Alcanar
    The document compares preterition, disinheritance and repudiation in terms of manner and form, subject, actor, cause, intention, and status of the act. It also lists the forms of repudiation under Philippine law and defines absolute and relative incapacity, with absolute incapacity rendering one unable to inherit from anyone while relative incapacity limits inheritance from certain people or properties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    17. Q: What are the forms of repudiation?

    A: The form of repudiation as provided under Article 1051 of the New Civil Code shall be any of the
    following:

    a. A public instrument;
    b. Authentic instrument; or
    c. By petition to the court having jurisdiction over the testamentary or intestate proceedings.

    18. Q: Make a chart of comparison for preterition, disinheritance and repudiation.

    A: The distinctions of preterition, disinheritance, and repudiation may be broken down as follows:

    PRETERITION DISINHERITANCE REPUDIATION


    Must be express and
    made in a public or
    authentic instrument or
    Must be expressly stated in
    As to manner and form Implied by petition to the court
    the will
    having jurisdiction over
    the testamentary or
    intestate proceedings.
    Compulsory heirs in the Compulsory heirs whether
    As to the subject Inheritance
    direct line or not in the direct line
    Heir, whether
    compulsory or voluntary;
    parents or guardians of
    minors or incapacitated
    As to the actor Testator Testator
    persons or legal
    representatives of
    corporations when there
    is judicial authorization

    Cause must always be


    stated in the will and must
    May be with cause or be true and legal, May be with cause or
    As to the cause
    without cause otherwise, the without cause
    disinheritance is ineffective
    or illegal

    May be intentional or
    As to the intention Always intentional Purely voluntary and free
    unintentional
    Valid, hence the
    disinherited heir cannot Valid, thus, the
    inherit, unless the repudiating heir inherits
    It annuls the institution
    disinheritance is ineffective nothing, unless it was
    As to the status of the of the heir, thus, the
    or illegal by reason of: made through any of the
    act omitted heir may
    1. No cause stated; causes that vitiate
    inherit.
    2. No true cause; consent or when an
    3. Illegal cause; or unknown will appears.
    4. Reconciliation.

    19. Q: What are the defective partitions?

    A: The following are the defective partitions:

    a. Those made under the same causes which make a contract rescissible (Art. 1097):
    1. Those which are entered into by guardians whenever the wards whom they represent
    suffer lesion by more than one-fourth of the value of the things which are the object
    thereof;
    2. Those agreed upon in representation of absentees, if the latter suffer the lesion stated
    in the preceding number;
    3. Those undertaken in fraud of creditors when the latter cannot in any other manner
    collect the claims due them;
    4. Those which refer to things under litigation if they have been entered into by the
    defendant without the knowledge and approval of the litigants or of competent judicial
    authority;
    5. All others specially declared by law to be subject to rescission (Art. 1381);
    b. Those made under the same causes which make a contract voidable or annullable (Art.
    1097):
    1. Those where one of the parties is incapable of giving consent;
    2. Those where the consent is vitiated by mistake, violence, intimidation, undue influence
    or fraud (Art. 1390);
    c. A partition resulting to lesion at least 1/4, considering the value of the things at the time
    they were adjudicated (Art. 1098);
    d. That which results to lesion where the legitime is impaired (Art. 1099);
    e. That which is made with preterition of objects (Art. 1103);
    f. That which is made with preterition of compulsory heirs (Art. 1104);
    g. That which is made with the intrusion of a stranger (Art. 1105).

    20. Q: Compare absolute and relative incapacity.

    A: Absolute incapacity renders a person incapable of inheriting from anyone regardless of the
    circumstances while relative incapacity merely renders one incapacitated to inherit from certain
    persons or certain properties by reason of possible undue influence, morality and public policy, or
    unworthiness.

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