B14. Void Testamentary Dispositions Flashcards
1
Q
Impossible conditions
A
Impossible conditions and those contrary to law or good customs shall be considered as not imposed and shall in no manner prejudice the heir, even if the testator should otherwise provide. (Art. 873, NCC)
GR: The testator CANNOT impose any charge, condition or substitution whatsoever upon the legitimes. If a charge condition or substitution is imposed, it shall be considered as not imposed.
XPN: Testator can validly impose a prohibition against the partition of the legitimes for a period not exceeding 20 years.
NOTE: The legitime passes by strict operation of law, independently of the testator’s will. As such, any condition, burden, or substitution upon the same is merely considered by law as not imposed. (Art. 872, NCC)
