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SECTION 4

Conditional Testamentary Dispositions and Testamentary Dispositions With a Term


Article 871. The institution of an heir may be made conditionally, or for a certain purpose or
cause. (790a)
Article 872. The testator cannot impose any charge, condition, or substitution whatsoever upon
the legitimes prescribed in this Code. Should he do so, the same shall be considered as not
imposed. (813a)
Article 873. Impossible conditions and those contrary to law or good customs shall be
considered as not imposed and shall in no manner prejudice the heir, even if the testator should
otherwise provide. (792a)
Article 874. An absolute condition not to contract a first or subsequent marriage shall be
considered as not written unless such condition has been imposed on the widow or widower by
the deceased spouse, or by the latter's ascendants or descendants.
Nevertheless, the right of usufruct, or an allowance or some personal prestation may be devised
or bequeathed to any person for the time during which he or she should remain unmarried or in
widowhood. (793a)
Article 875. Any disposition made upon the condition that the heir shall make some provision in
his will in favor of the testator or of any other person shall be void. (794a)
Article 876. Any purely potestative condition imposed upon an heir must be fulfilled by him as
soon as he learns of the testator's death.
This rule shall not apply when the condition, already complied with, cannot be fulfilled again.
(795a)
Article 877. If the condition is casual or mixed, it shall be sufficient if it happen or be fulfilled at
any time before or after the death of the testator, unless he has provided otherwise.
Should it have existed or should it have been fulfilled at the time the will was executed and the
testator was unaware thereof, it shall be deemed as complied with.
If he had knowledge thereof, the condition shall be considered fulfilled only when it is of such a
nature that it can no longer exist or be complied with again. (796)
Article 878. A disposition with a suspensive term does not prevent the instituted heir from
acquiring his rights and transmitting them to his heirs even before the arrival of the term. (799a)
Article 879. If the potestative condition imposed upon the heir is negative, or consists in not
doing or not giving something, he shall comply by giving a security that he will not do or give

that which has been prohibited by the testator, and that in case of contravention he will return
whatever he may have received, together with its fruits and interests. (800a)
Article 880. If the heir be instituted under a suspensive condition or term, the estate shall be
placed under administration until the condition is fulfilled, or until it becomes certain that it
cannot be fulfilled, or until the arrival of the term.
The same shall be done if the heir does not give the security required in the preceding article.
(801a)
Article 881. The appointment of the administrator of the estate mentioned in the preceding
article, as well as the manner of the administration and the rights and obligations of the
administrator shall be governed by the Rules of Court. (804a)
Article 882. The statement of the object of the institution, or the application of the property left
by the testator, or the charge imposed by him, shall not be considered as a condition unless it
appears that such was his intention.
That which has been left in this manner may be claimed at once provided that the instituted heir
or his heirs give security for compliance with the wishes of the testator and for the return of
anything he or they may receive, together with its fruits and interests, if he or they should
disregard this obligation. (797a)
Article 883. When without the fault of the heir, an institution referred to in the preceding article
cannot take effect in the exact manner stated by the testator, it shall be complied with in a
manner most analogous to and in conformity with his wishes.
If the person interested in the condition should prevent its fulfillment, without the fault of the
heir, the condition shall be deemed to have been complied with. (798a)
Article 884. Conditions imposed by the testator upon the heirs shall be governed by the rules
established for conditional obligations in all matters not provided for by this Section. (791a)
Article 885. The designation of the day or time when the effects of the institution of an heir shall
commence or cease shall be valid.
In both cases, the legal heir shall be considered as called to the succession until the arrival of the
period or its expiration. But in the first case he shall not enter into possession of the property
until after having given sufficient security, with the intervention of the instituted heir. (805)

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