article 1137 of the civil code

If a lease is to be recorded in the Registry of Property, the following persons cannot constitute the same without proper authority: the husband with respect to the wife’s paraphernal real estate, the father or guardian as to the property of the minor or ward, and the manager without special power. He who by chance discovers hidden treasure in another's property shall have the right granted him in article 438 of this Code. 934. 1039. If the property is mortgaged, the donor may redeem the mortgage, by paying the amount guaranteed, with a right to recover the same from the donee. The following shall not take effect: (1) Fideicommissary substitutions which are not made in an express manner, either by giving them this name, or imposing upon the fiduciary the absolute obligation to deliver the property to a second heir; (2) Provisions which contain a perpetual prohibition to alienate, and even a temporary one, beyond the limit fixed in article 863; (3) Those which impose upon the heir the charge of paying to various persons successively, beyond the limit prescribed in article 863, a certain income or pension; (4) Those which leave to a person the whole part of the hereditary property in order that he may apply or invest the same according to secret instructions communicated to him by the testator. If there is no such custom, the case shall be decided according to the jurisprudence. When the testator dies leaving illegitimate children and no other compulsory heirs, such illegitimate children shall have a right to one-half of the hereditary estate of the deceased. If there are more than one substitute, they shall have the same share in the substitution as in the institution. Art. (984). The legatee or devisee of two legacies or devises, one of which is onerous, cannot renounce the onerous one and accept the other. In alternative legacies or devises, the choice is presumed to be left to the heir upon whom the obligation to give the legacy or devise may be imposed, or the executor or administrator of the estate if no particular heir is so obliged. Every will, other than a holographic will, must be subscribed at the end thereof by the testator himself or by the testator's name written by some other person in his presence, and by his express direction, and attested and subscribed by three or more credible witnesses in the presence of the testator and of one another. Art. (925), Art. 1140. The notary public shall not be required to retain a copy of the will, or file another with the Office of the Clerk of Court. If the owner has not pursued the swarm, or ceases to do so within two consecutive days, the possessor of the land may occupy or retain the same. Thus, a person is two degrees removed from his brother, three from his uncle, who is the brother of his father, four from his first cousin, and so forth. Browse the Civil Code: Front Matter. Any compulsory heir who is at the same time a legatee or devisee may waive the inheritance and accept the legacy or devise, or renounce the latter and accept the former, or waive or accept both. 862. Article 1. (918a). (1969), Art. Deaf-mutes who can read and write may accept or repudiate the inheritance personally or through an agent. (1056a). Art. (n), Art. The omission of one or more objects or securities of the inheritance shall not cause the rescission of the partition on the ground of lesion, but the partition shall be completed by the distribution of the objects or securities which have been omitted. If the heir, legatee or devisee cannot make the choice, in case it has been granted him, his right shall pass to his heirs; but a choice once made shall be irrevocable. Any compulsory heir to whom the testator has left by any title less than the legitime belonging to him may demand that the same be fully satisfied. (1) If a person dies without a will, or with a void will, or one which has subsequently lost its validity; (2) When the will does not institute an heir to, or dispose of all the property belonging to the testator. 917. The fixing of an event or the imposition of a suspensive condition, which may take place beyond the natural expectation of life of the donor, does not destroy the nature of the act as a donation inter vivos, unless a contrary intention appears. Part 6 - Pleading. (n), Art. (1954a). 867. An inheritance is deemed accepted: (1) If the heirs sells, donates, or assigns his right to a stranger, or to his co-heirs, or to any of them; (2) If the heir renounces the same, even though gratuitously, for the benefit of one or more of his co-heirs; (3) If he renounces it for a price in favor of all his co-heirs indiscriminately; but if this renunciation should be gratuitous, and the co-heirs in whose favor it is made are those upon whom the portion renounced should devolve by virtue of accretion, the inheritance shall not be deemed as accepted. If the person excluded from the inheritance by reason of incapacity should be a child or descendant of the decedent and should have children or descendants, the latter shall acquire his right to the legitime. (886a), Art. (992a), Art. 898. 716. (1036), Art. If the ascendants should be of different degrees, it shall pertain entirely to the ones nearest in degree of either line. (n). Art. (n), Art. Civil interruption is produced by judicial summons to the possessor. Any purely potestative condition imposed upon an heir must be fulfilled by him as soon as he learns of the testator's death. 808. If the heir, legatee or devisee, who may have been given the choice, dies before making it, this right shall pass to the respective heirs. Should brothers and sisters survive together with nephews and nieces, who are the children of the descendant's brothers and sisters of the full blood, the former shall inherit per capita, and the latter per stirpes. A person may execute a holographic will which must be entirely written, dated, and signed by the hand of the testator himself. Javascript est desactivé dans votre navigateur. Part 3 - Appearance. 1081. 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.

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