Civil Code, Article 1053 — Death Before Deciding

What this article means

If the heir dies without having accepted or repudiated, his right is transmitted to his own heirs.

The right this article transmits is sometimes called the ius delationis — not the inheritance itself, but the power to decide whether to accept or repudiate it. When an heir dies after the succession has already opened but before making that choice, his own heirs inherit that power along with the rest of his estate, and they exercise it in his place. This is distinct from representation, which operates when an heir predeceases the decedent; here the heir survives the decedent, and it is only the undecided choice, not his status as heir, that passes on to the next generation.

Questions about this provision

• My relative died before accepting an inheritance he was entitled to — do we inherit his right to accept?

Related provisions

• Article 1052 — Repudiation That Prejudices Creditors.
• Article 1054 — Co-Heirs May Choose Differently.

Cases interpreting this article

• Authorities on this article will be added here as each is verified against primary sources.