Text of the provision
Art. 1045. The lawful representatives of corporations, associations, institutions and entities qualified to acquire property may accept any inheritance left to the latter, but in order to repudiate it, the approval of the court shall be necessary.
(993a)
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
The lawful representatives of corporations, associations and institutions may accept an inheritance; but to repudiate it they need court approval.
The asymmetry in this article is deliberate: accepting an inheritance is presumed beneficial to the corporation, association, institution, or entity, so its lawful representatives may do so on their own authority, but repudiating one gives up something of value and could prejudice the entity's own stakeholders, so the law inserts a check by requiring court approval before the representatives may decline it. Article 1046 applies a stricter version of the same logic to public official establishments, which need government approval for either decision, acceptance included.
Questions about this provision
- Can a corporation named in a will refuse the inheritance on its own, or does it need court approval?
Related provisions
- Article 1044 — Who May Accept or Repudiate.
- Article 1046 — Public Establishments.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.