BOOK VI

SUCCESSION

TITLE I

GENERAL PROVISIONS

CHAPTER I

DEVOLUTION OF AN ESTATE

 

Section 1599.- When a person dies, his estate devolves on the heirs.

An heir may lose his right to the succession only under the provision of this Code or other laws.

 

Section 1600.- Subject to the provisions of this Code, the estate of a deceased includes his properties of every kind, as well as his rights, duties and liabilities, except those which by law or by their nature are purely personal to him.

 

Section 1601.- An heir shall not be liable in excess of the property devolving on him.

 

Section 1602.- When a person is deemed to have died under the provisions of Section 62 of this Code, his estate devolves on the heirs.

If it is proved that such person is living or that he died at a time different from that specified in the adjudication of disappearance, the provisions of Section 63 of this Code shall apply as regards his heirs.

 

Section 1603.- An estate devolves on the heirs by statutory right or by will.

Heirs, who are so entitled by law, are called “statutory heirs.”

Heirs, who are so entitled by will, are called “legatees.”

 

CHAPTER II

HEIRSHIP

 

Section 1604.- A natural person can be an heir only when he has, at the time of the de cujus’ death, personality or is capable of rights under Section 15 of this Code.

For the purpose of this section, a child shall be deemed to have been en ventre sa mere at the time of such death if he is born alive within three hundred and ten days after such time.

 

Section 1605.- An heir who, fraudulently or with the knowledge that he prejudices any other heir, diverts or conceals property up to or in excess of his share in the succession, shall be absolutely excluded from the succession. If he diverts or conceals less than his share in the succession, he shall be excluded from the succession up to the extent of the part so diverted or concealed.

This section does not apply to a legatee to whom a specific property has been bequeathed, in so far as his right to receive such property is concerned.