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FUNDAMENTAL PRINCIPLES OF SUCCESSION

1. How, when, to whom and in what proportion are they transmitted?


2. When a person dies, personality is extinguished. Some of the juridical
relations/PRO die with you (no problem then), but some of them survive.
3. Change of subject, identity of object
4. Mortis cause rule- succession cannot take place while the owner is alive!
Successor/heir only have mere expectancy right during the lifetime of owner.
5. A will cannot impair the legitime.
6. Presumption of equality (GR)-> heirs of equal degree/ proximity inherit in
equal shares.
7. States share through taxes.
8. Collect all assets, deduct debts, then partition the shares.
9. Decedents estate liable for decedents debts.
10.Every testator is a decedent, but not all decedents are testators.
11.Rights to succession vested at the moment of death. (thus, automatic- no
delivery.)
12.Sucessional rights- law at point of death.
13.Vested rights cannot be impaired.
14.That the thing be valid than perish
15.State prefers testate than intestate
16.Law encourages and does not discourage will making.