SUCCESSION: is a mode of acquisition by virtue of which the property, rights and obligations to the extent

of the value of the inheritance, of a person are transmitted through his death to another or others by will or
by operation of law. (Art. 774)
CONCEPT OF SUCCESSION:
BROADEST JURIDICAL SENSE
Signifies the substitution or subrogation of a person
in the transmissible rights and obligations of
another. Embraces SUCCESSION MORTIS CAUSE
and SUCCESSION INTER VIVOS.

STRICT JURIDICAL SENSE

Signifies the substitution or subrogation of a person
in the transmissible rights and obligations of a
deceased person. Limited to SUCCESSION MORTIS
CAUSA.

BASIS OF SUCCESSION:
(1)RIGHT OF SUCCESSION ON THE RIGHT OF PRIVATE PROPERTY
If man has power to own private property, he has the power to dispose such property freely,
imposing such licit terms and conditions, as he may deem convenient. Consequently, he may
distribute them by means of a testament since a testament is nothing more than an instrument of
alienation conditioned upon his death.
This is the basis of testamentary succession.
(2)RIGHT OF SUCCESION ON FAMILY CO-OWNERSHIP
If the family is recognized as the heart and body of society, the idea of succession must therefore
revolve around it. Hence, the basis of succession rests upon family co-ownership.
This is the basis of intestate succession.
(3)ECCLECTIC THEORY
This theory tries to harmonize the two principles- individual and social. In either of these principles,
the basis of succession is the recognized necessity of perpetuating mans patrimony beyond the
limits of existence.
ELEMENTS:
I.

II.

SUBJECTIVE ELEMENT
Decedent: the person whose property is transmitted through succession whether or not he
left a will. If he left a will, he also called a testator. (Art. 775)
a. Testator- If he left a will.
b. Intestate- If he left no will.
Successors: those who are called to succeed such decedent either by will or by operation of
law.
a. Heir- a person called to the whole or to an aliquot portion of the inheritance either by will or
by operation of law.
b. Devisee- a person to whom a gift of real property is given by virtue of a will.
c. Legatee- a person to whom a gift of personal property is given by virtue of a will.
OBJECTIVE ELEMENT
Inheritance: includes all the property, rights and obligations of a person not extinguished by
his death. (Art. 776)
: universality of all the property, rights and obligations constituting the patrimony of
the decedent which are not extinguished by his death. (Manresa)
: the entirety of the patrimonial properties and relations which constitute the
objective elements of succession. (Castan)
INHERITANCE
Universality of all the property, rights and
obligations constituting the patrimony of
the decedent which are not extinguished
by his death.

SUCCESSION
Legal mode by which such property,
rights and obligations are transmitted.