Civil Law (3rd thirty)

Usufructuary

Who pays the taxes if there are taxes on the benefits or income generated from the property, like rent or crops?

The naked owner of the property

Who pays if there are taxes directly on the property, like property tax?

Essential requisite

It is the right to enjoy the property of another.

Accidental requisite

It is the obligation to preserve the form and substance of such property.

Jus Utendi and Jus Fruendi

The term used if the usufruct is limited merely to the enjoyment of the property.

Consumables

If usufruct includes ____, usufructuary can use them

False (no earmarking should occur)

If the share of each heir is earmarked, there shall be a right of accretion

Strangers

This refers to those who are not stated as heirs on the succession:

Donatio Mortis Causa

This type of donation typically occurs or is made upon a donor’s impending death:

Donatio Propter Nuptias

This type of donation is comparable to dowry and is made in account for marriage.

True

True/False: Article 751 of the Civil Code states that future property cannot be donated:

Article 748

This article states that the donation of a movable may be done orally or in writing.

Express Acceptance

This form of acceptance is made in either a private or public document:

Wild Animals

For the occupation of ______, this should occur during open season to not be prohibited by law:

1) Author

2) Composer

3) Painter, Sculptor, or other artist

4) Scientist or Technologist

According to Article 721 of the Civil Code, ownership is acquired by the following persons:

Gratuitously

A Donation is an act of liberality whereby a person disposes _____ of a thing or right in favor of another, who accepts it.

Article 438

According to Article 718, those who discover hidden treasure by chance in another’s property shall have the rights granted to him by which article?

Collation

This means to separate, divide, and assign a thing held in common.

Accretion

This occurs when there is repudiation, incapacity, and predecease of an heir.

True

True/False: Those who can acquire rights/property by other legal modes can acquire prescriptions by the same means.

Ordinary Prescription

This kind of prescription requires possession of things in good faith and with just title for the time fixed by law.

Succession

This is the 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.

Will

A ____ is an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of this estate, to take effect after his death.

Death of the decedent

The rights to the succession are transmitted from the moment of the _____.

Heir

An ______ is a person called to the succession either by the provision of a will or by operation of law

1) Testamentar

2) Intestate

3) Mixed.

What are the three modes of succession?

1) Not domiciled in the Philippines or convicted of falsification of a document

2) Perjury, or false testimony.

Provide one reason a person may be disqualified from becoming a witness to a will.

Legal or intestate succession

If a person dies without a will, the law vests the inheritance through ______

Article 1011 - The State takes the estate if no heirs

If there are no legitimate and illegitimate children, parents, spouse, collateral relatives, or any possible heirs, who is the last to receive the inheritance?

1) Legitimate children and descendants, with respect to their legitimate parents and ascendants;

2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants;

3) The widow or widower;

4) Acknowledged natural children and natural children by legal fiction;

5) Other illegitimate children that are referred to in Article 287.

Provide three compulsory heirs included in Article 887.