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Philippine Civil Code, Art. 1097

Provisions Common to Testate and Intestate Successions · Formerly Art. 1073a of the old Civil Code

Statute
Philippine Civil Code
Article
Art. 1097
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. 1073a of the old Civil Code
Year
1949

The provision

A partition may be rescinded or annulled for the same causes as contracts. (1073a)

Intellegal Wiki · In plain terms

A completed division of an inheritance among heirs can be cancelled or set aside on the same legal grounds that allow any contract to be rescinded or annulled. This gives heirs a way to undo a partition that is legally defective.

An editorially maintained plain-language explanation of this provision — not legal advice.

Civil Code, Art. 1097 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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Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.