CONTINUATION OF SU 8

Question 1

TIME CLAUSES

Answer 1

a bequest is subject to an event that will certainly happen in the future, although it may or may not occur.

Question 2

SUSPENSIVE TIME CLAUSE

Answer 2

is a bequest from which a beneficiary will receive their benefit only in a certain time in future.
-dies cedit takes place at the time of the testator’s death and dies venit is postponed.

Question 3

RESOLUTIVE TIME CLAUSE

Answer 3

is one where the beneficiary’s rights will terminate when a certain arrives.
-dies cedit and dies venit take place at the testator’s death.
-heirs will not inherit

Question 4

CONDITIONAL BEQUESTS

Answer 4

is a bequest dependent on a future event which is uncertain in the sense that it may or may not occur.
-often has the words ‘should’ or ‘if’

Question 5

TWO KINDS OF CONDITIONS UNDER CONDITIONAL BEQUESTS

Answer 5

1. Suspensive condition
2. Resolutive condition

Question 6

NUDUM PRAECEPTUM

Answer 6

if the testator bequeaths a property to a beneficiary but prohibits them from dealing with it in a certain way.

Question 7

A MODUS

Answer 7

modus is a qualification added to a testamentary disposition where a beneficiary is required to devote the property he received in whole or part to a specific purpose.

Question 8

TYPES OF MODUS

Answer 8

1. the modus may be to the interest of the beneficiary.
2. the modus may be the interest of a third party.
3. the modus may be for the furtherance of an impersonal object.

Question 9

Difference between a modus and a condition

Answer 9

the difference between a modus and a condition is that a modus does not affect a beneficiary’s rights.

Question 10

REQUIREMENTS OF ESTATE MASSING

Answer 10

1. a mutual will of two or more testators.
2. part or the whole of the estates of the testators must be consolidated into one unit.
3. a limited right must be left to the survivor:
   -usufruct
   -fideicommissum
   -trust
4. survivor must accept the limited benefit after the death of the first-dying spouse.