Civil Code Art. 1101: Provisions Common

Statute: Civil Code
Article: Art. 1101
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. 1077a of the old Civil Code
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

The heir who is sued shall have the option of indemnifying the plaintiff for the loss, or consenting to a new partition. Indemnity may be made by payment in cash or by the delivery of a thing of the same kind and quality as that awarded to the plaintiff. If a new partition is made, it shall affect neither those who have not been prejudiced nor those have not received more than their just share. (1077a)

Cases applying this article

Honrion Lasam v. Frank Smith, Jr. G.R. No. 19495
Juan Castro, Demandante Y Apelado, Contra Acro Taxicab Co., Inc., Demandada Y Apelante G.R. No. 49155
Florencia Duquillo v. Paz Bayot G.R. No. 45080
Ignacio del Prado v. Manila Electric Co. G.R. No. 29462
Recaredo F. Pando v. Antonio Gimenez G.R. No. 31816
The Manila Railroad Co. v. La Compañia Trasatlantica G.R. No. 11318

Related provisions in this Chapter

Civil Code, Art. 1100 Provisions Common to Testate and Intestate Successions
Civil Code, Art. 1103 Provisions Common to Testate and Intestate Successions
Civil Code, Art. 1104 Provisions Common to Testate and Intestate Successions
Civil Code, Art. 1105 Provisions Common to Testate and Intestate Successions
Civil Code, Art. 1096 Provisions Common to Testate and Intestate Successions
Civil Code, Art. 1094 Provisions Common to Testate and Intestate Successions
Civil Code, Art. 1093 Provisions Common to Testate and Intestate Successions
Civil Code, Art. 1092 Provisions Common to Testate and Intestate Successions

Civil Code, Art. 1101 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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