Civil Code Art. 1104: Provisions Common to

Statute: Civil Code
Article: Art. 1104
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. 1080 of the old Civil Code
Year: 1949

The provision

A partition made with preterition of any of the compulsory heirs shall not be rescinded, unless it be proved that there was bad faith or fraud on the part of the other persons interested; but the latter shall be proportionately obliged to pay to the person omitted the share which belongs to him. (1080)

Cases applying this article

Juan Castro, Demandante Y Apelado, Contra Acro Taxicab Co., Inc., Demandada Y Apelante G.R. No. 49155
Dionisia Monis Lagunilla v. Andrea Monis Velasco G.R. No. 169276

Browse the Civil Code

Continue your research on Intellegal

Search Philippine statutes on Intellegal →

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 Provisions may have been amended or repealed.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.