Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

JURIS PRELIMS > 4 > Flashcards

4 Flashcards

1
Q

An act of liberality whereby a person disposes gratuitously
of a thing or right in favor of another, who accepts it

A

Donation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

ORGAN DONATION ACT OF 1991

A

RA 7071

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

The offer is exercised only after death; therefore, the donors
should reveal their intentions to as many of their relatives and
friends as possible, and to their physician

A

ORGAN DONATION ACT OF 1991

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

kinds of donation

A

. Donations Mortis Causa
2. Donations Inter Vivos
3. Donations of Personal Property
4. Donations of Real Property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

donations which are to take effect upon the death of the donor partake of the nature of
testamentary provisions

A

donations mortis causa

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

shall be governed by the
general provisions on contracts and obligations

A

donations inter vivos

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

May be made orally or in writing

A

donations of personal property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q
  • Must be made in a public document to be valid
  • Must be accepted during the lifetime of the donor
A

donations of real property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Persons who accept donations in representation of others who
may not do so by themselves, shall be obliged to make the
notification and notation of which _____ of the Civil
Code of the Philippines speaks

A

Article 749

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

an instrument or document when a person is permitted, with
the formalities prescribed by the law, to control to a certain
degree the disposition of his estate, to take effect after his
death.

A

will

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

11 characteristics of wills

A
  1. Purely personal
  2. Free and Intelligent
  3. Solemn and Formal
  4. Revocable and Ambulatory
  5. Mortis Causa
  6. Individual
  7. Executed with Animus Testandi
  8. Executed with Testamentary Capacity
  9. Unilateral
  10. Dispositive of Property only
  11. Statutory
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

characteristics of wills

not mandatory

A

purely personal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

characteristics of wills

referring to the awareness that death is
approaching; “deathbed gift”

A

mortis causa

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

characteristics of wills

voluntary; implications should be
understood

A

free and intelligent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

characteristics of wills

can be altered and can be
withdrawn

A

revokable and ambulatory

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

characteristics of wills

an intention to make a
testament or will

A

executed with animus testandi

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

characteristics of wills

  • All persons who are not
    expressly prohibited by law may make a will, 18 years old and
    above, should not be insane
A

Executed with Testamentary Capacity

18
Q

characteristics of wills

the recipient of the testator’s property should not
know they are going to receive something

A

Unilateral

19
Q

characteristics of wills

donation or transfer of
properties from the author of the will to other people

A

Dispositive of Property only

20
Q

characteristics of wills

must be in accordance to law

A

statutory

21
Q

9 TERMS COMMONLY USED IN WILLS

A
  1. Bequest
  2. Devise
  3. Devisee
  4. Executor
  5. Legacy
  6. Legatee
  7. Residuary Estate
  8. Testator
  9. Decedent
22
Q

TERMS COMMONLY USED IN WILLS

the act of giving or leaving something by will; only
personal property, not real property

A

bequest

23
Q

TERMS COMMONLY USED IN WILLS

a gift by will of real property, such as a house

A

devise

24
Q

TERMS COMMONLY USED IN WILLS

recipient of a devise; a person to whom real estate is
left by the terms of a will.

A

devisee

25
Q

TERMS COMMONLY USED IN WILLS

a testamentary gift of personal property or more
commonly money, from a deceased individual through a will

A

legacy

26
Q

TERMS COMMONLY USED IN WILLS

  • a person or institution appointed by a testator to
    carry out the terms of their will.
A

executor

27
Q

TERMS COMMONLY USED IN WILLS

  • an individual who receives a portion of a testator’s
    estate, or rather the individual that receives a legacy
A

legatee

28
Q

TERMS COMMONLY USED IN WILLS

  • is any portion of the testator’s estate that is
    not specifically devised to someone in the will, or any property that
    is part of such a specific devise that fails
A

residuary estate

29
Q

TERMS COMMONLY USED IN WILLS

a person who has written and executed a last will and
testament that is in effect at the time of their death.

A

testator

30
Q

TERMS COMMONLY USED IN WILLS

  • a term that is generally used in the law governing
    estates and trusts, in reference to a person who has died.
    Decedents have rights that continue after their death and the
    authority to take certain actions/make certain decisions through
    third-party representatives
A

decedent

31
Q

− the capacity to comprehend the nature of the transaction
in which the testator is engaged in at the time, to recollect the
property to be disposed of and the persons who would
naturally be supposed to have claims upon the testator, and
to comprehend the manner in which the instrument will
distribute the property among the object of his bounty.

A

Testamentary Capacity

32
Q

Property received through a last will and testament

A

testamentary succesion

33
Q

Property received not through a will

A

inheritance

34
Q

KINDS OF WILLS

A
  1. Notarial Will
  2. Holographic Will
  3. Nuncupative Will
35
Q

Every other will that is not entirely written, dated, and signed
by the testator

A

notarial will

36
Q

one which is written, dated, and signed
entirely by the hand of the testator. As such, these are
more straightforward to execute compared to notarial wills.
Does not require any witnesses in order to be executed.

A

Holographic Will

37
Q

-Oral will
-No longer applicable/accepted

A

nuncupative will

38
Q

WITNESSES TO WILLS

A
  1. Of sound mind
  2. Eighteen years of age or more
  3. Not blind, deaf or dumb
  4. Able to read and write
39
Q

DISQUALIFIED TO WITNESS WILLS:

A
  1. Any person not domiciled in the Philippines;
  2. Those who have been convicted of falsification of document,
    perjury or false testimony
40
Q

WAYS AND MEANS TO REVOKE A WILL

A
  1. By implication of law
  2. By some will, codicil, or other writing executed as provided in
    case of wills; or
  3. By burning, tearing, cancelling, or obliterating the will with
    the intention of revoking it, by the testator himself, or by some
    other person in his presence, and by his express direction.

JURIS PRELIMS (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions