Chapter 1 General provisions Flashcards
Art. 774.
Succession is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another or others either by his will or by operation of law.
Art. 775
In this Title, “decedent” is the general term applied to the person whose property is transmitted through succession, whether or not he left a will. If he left a will, he is also called the testator.
Art. 776
The inheritance includes all the property, rights and obligations of a person which are not extinguished by his death.
Art. 777
The rights to the succession are transmitted from the moment of the death of the decedent.
Art. 778
Succession may be:
(1) Testamentary;
(2) Legal or intestate; or
(3) Mixed.
Art. 779
Testamentary succession is that which results from the designation of an heir, made in a will executed in the form prescribed by law.
Article 780
Mixed succession is that effected partly by will and partly by operation of law.
Article 781
The inheritance of a person includes not only the property and the transmissible rights and obligations existing at the time of his death, but also those which have accrued thereto since the opening of succession
Article 782
An heir is a person called to the succession either by the provision of a will or by operation of law.
Devisees and legatees are persons to whom gifts of real and personal property are respectively given by virtue of will.