Beruflich Dokumente
Kultur Dokumente
CA
FACTS:
FIFTH
xxx
FOURTH
ISSUE:
WoN modal institution is not applicable.
HELD:
No
Petitioner also theorizes that Article
882 of the New Civil Code on modal
institutions is not applicable because
what the testatrix intended was a
substitution - Dr. Jorge Rabadilla was
to be substituted by the testatrix's
near descendants should there be
noncompliance with the obligation to
deliver the piculs of sugar to private
respondent.
substitution."[16] Also,
the
near
descendants' right to inherit from
the testatrix is not definite. The
property will only pass to them
should Dr. Jorge Rabadilla or his
heirs not fulfill the obligation to
deliver part of the usufruct to private
respondent.
affecting the
institution.
efficacy of such