Civil Code Art. 1096: Provisions Common to

Statute: Civil Code
Article: Art. 1096
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. 1070a of the old Civil Code
Year: 1949

The provision

The obligation of warranty among co-heirs shall cease in the following cases: (1) When the testator himself has made the partition, unless it appears, or it may be reasonably presumed, that his intention was otherwise, but the legitime shall always remain unimpaired; (2) When it has been so expressly stipulated in the agreement of partition, unless there has been bad faith; (3) When the eviction is due to a cause subsequent to the partition, or has been caused by the fault of the distributee of the property. (1070a)

Cases applying this article

Maria Gonzalez v. Simeon Blas G.R. No. 1477

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