CHAPTER 1 GENERAL PROVISIONS

Jun 21st, 2015
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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.  The Code has simplified the concept of succession and treats it simply as one of the 7 Modes of Acquiring Ownership as enumerated in Art712 of the NCC.  7 MODES OF ACQUIRING OWNERSHIP 1. Occupation 2. Intellectual Creation 3. Law

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Based on Jottings and Jurisprudence on the Law on Succession by Prof. Balane and Cases according to the 2006 Syllabus of Justice HofileaART. 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.The Code has simplified the concept of succession and treats it simply as one of the 7 Modes of Acquiring Ownership as enumerated in Art712 of the NCC.7 MODES OF ACQUIRING OWNERSHIP1. Occupation2. Intellectual Creation3. Law4. Donation5. Estate and Intestate Succession6. Tradition7. PrescriptionOverlap of Codal Definition with Art776Article 774 talks of property, rights and obligations to the extent of the value of the inheritance.Article 776 talks of the inheritance as including all the property, rights and obligations of a person which are not extinguished by his death.For clarity and better correlation, Prof. Balane opines that Art774 should rather read:Succession is a mode of acquisition by virtue of which the inheritance of a person is transmitted through his death to another or others either by his will or by operation of law.And the inheritance which is transmitted through a persons death is defined by Article 776 to include all the property, rights and obligations of a person which are not extinguished by his

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