- Statute
- Philippine Civil Code
- Article
- Art. 1098
- 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. 1074a of the old Civil Code
- Year
- 1949
The provision
A partition, judicial or extra-judicial, may also be rescinded on account of lesion, when any one of the co-heirs received things whose value is less, by at least one-fourth, than the share to which he is entitled, considering the value of the things at the time they were adjudicated. (1074a)
Intellegal Wiki · In plain terms
Allows a partition of an estate among co-heirs—whether done in court or privately—to be undone (rescinded) for lesion when a co-heir received things worth at least one-fourth less than the share he was actually entitled to. The shortfall is measured by the property's value at the time it was assigned. This protects an heir shortchanged in dividing the estate.
An editorially maintained plain-language explanation of this provision — not legal advice.