D2. Right of Representation in Testacy and Intestacy

Question 1

Right of Representation

Answer 1

Representation is a right created by fiction of law, by virtue of which the representative is raised to the place and degree of the person represented, and acquires the rights which the latter would have if he were living or could have inherited. (Art. 970, NCC)

In order that representation may take place, it is necessary that the representative himself be capable of succeeding the decedent. (Art. 973, NCC)

Question 2

Limitation

Answer 2

1. As to compulsory heirs: In case of repudiation, the one who repudiates his inheritance cannot be represented. (Art. 977, NCC) Their own heirs inherit in their own right;
2. As to voluntary heirs: Voluntary heirs, legatees, and devisees who either predecease the testator, or renounce the inheritance, cannot be represented by their own heirs, with respect to their supposed inheritance