Statute
Civil Code
Article
Art. 1096
Topic
Provisions Common to Testate and Intestate Successions
Status
In force
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
Cited by
A Supreme Court decision

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

Related provisions in this Chapter

Civil Code, Art. 1096 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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