Text of the provision
Art. 1035. If the person excluded from the inheritance by reason of incapacity should be a child or descendant of the decedent and should have children or descendants, the latter shall acquire his right to the legitime. The person so excluded shall not enjoy the usufruct and administration of the property thus inherited by his children.
(761a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
If the person excluded by incapacity is a child or descendant of the decedent and has children or descendants, the latter acquire his right to the legitime. The excluded parent has neither usufruct nor administration of that property.
Related provisions
- Article 1034 — When Capacity Is Judged.
- Article 1036 — Acts Done Before the Order of Exclusion.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.