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PRINCIPLES IN THE INSTITUTION OF HEIRS

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1PRINCIPLES IN THE INSTITUTION OF HEIRS Empty PRINCIPLES IN THE INSTITUTION OF HEIRS Wed Oct 01, 2008 7:57 pm

civil


Prision Mayor

PRINCIPLES IN THE INSTITUTION OF HEIRS:

1. Equality – heirs who are instituted without a designation of shares inherit in equal parts

2. Individuality – heirs collectively instituted are deemed individually named unless a contrary intent is proven

3. Simultaneity – when several heirs are instituted, they are instituted simultaneously and not successively

civil


Prision Mayor

RULES REGARDING A PERSON’S RIGHT TO DISPOSE OF HIS ESTATE:

1. If one has no compulsory heirs:

a. He can give his estate to any person qualified to inherit under him

b. However, he must respect restrictions imposed by special laws

2. If one has compulsory heirs:

a. He can give only the disposable portion to strangers

b. Legitimes of compulsory heirs must be respected

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