CHAPTER 1 GENERAL PROVISIONS Flashcards
Art. 774 - What is succession?
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.
Article 775 - Who is considered a “decedent”?
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.
Article 776 - What constitutes the inheritance of an individual, and how does it relate to their property, rights, and obligations after death?
The inheritance includes all the property, rights and obligations of a person which are not extinguished by his death.
Article 777 - What is the significance of the moment of a decedent’s death in relation to the transmission of rights to succession?
The rights to the succession are transmitted from the moment of the death of the decedent
Article 778 - Succession may be:
Succession may be:
(1) Testamentary;
(2) Legal or intestate; or
(3) Mixed.
Article 779 - What is testamentary succession, and how is it established according to legal standards?
Testamentary succession is that which results from the designation of an heir, made in a will executed in the form prescribed by law.
Art. 780 - What is mixed succession, and how does it involve both a testamentary component (by will) and a legal aspect (by operation of law)?
Mixed succession is that effected partly by will and partly by operation of law.
Article 781 - What is included in the inheritance of a person at the time of their death, and how do rights and obligations that accrue after the opening of the succession factor into this inheritance?
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 the succession
Article 782 - What is the definition of an heir, and how can one become an heir according to a will or by operation of law?
What are devisees and legatees in the context of a will, and how do they relate to the distribution of real and personal property?
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 a will.
