Civil Code Art. 1035: Provisions Common to

Statute: Civil Code
Article: Art. 1035
Topic: Provisions Common to Testate and Intestate Successions
Book: BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
Title: TITLE IV SUCCESSION
Chapter: CHAPTER 4 Provisions Common to Testate and Intestate Successions
Formerly: Art. 761a of the old Civil Code
Year: 1949

The provision

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. The person so excluded shall not enjoy the usufruct and administration of the property thus inherited by his children. (761a)

Cases applying this article

In the Matter of Intestate of the Deceased Juana Servando. Jose P. Tinsay v. Jovita Yusay G.R. No. 23126

Related provisions in this Chapter

Civil Code, Art. 1032 Provisions Common to Testate and Intestate Successions
Civil Code, Art. 1027 Provisions Common to Testate and Intestate Successions
Civil Code, Art. 1045 Provisions Common to Testate and Intestate Successions
Civil Code, Art. 1049 Provisions Common to Testate and Intestate Successions
Civil Code, Art. 1015 Provisions Common to Testate and Intestate Successions
Civil Code, Art. 1056 Provisions Common to Testate and Intestate Successions

Civil Code, Art. 1035 is found in CHAPTER 4 Provisions Common to Testate and Intestate Successions of TITLE IV SUCCESSION of BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision of the Civil Code of the Philippines (Republic Act No. 386).

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