Text of the provision
Art. 1084. Voluntary heirs upon whom some condition has been imposed cannot demand a partition until the condition has been fulfilled; but the other co-heirs may demand it by giving sufficient security for the rights which the former may have in case the condition should be complied with, and until it is known that the condition has not been fulfilled or can never be complied with, the partition shall be understood to be provisional.
(1054a)
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
Voluntary heirs upon whom a condition has been imposed cannot demand partition until the condition is fulfilled; but the other co-heirs may demand it, giving sufficient security for the conditional heir's rights.
A voluntary heir is one instituted by the testator's own choice, rather than called by law as a compulsory heir, and the article addresses what happens when the testator attaches a condition to that institution. Until the condition is satisfied, the conditional heir cannot force a partition, but this does not freeze the other heirs' shares: they may still demand partition by posting security that protects whatever the conditional heir stands to receive if the condition is later fulfilled. Because it remains uncertain whether the condition will ever be met, any partition carried out meanwhile is treated as merely provisional.
Questions about this provision
- An heir's share depends on a condition — can he demand a partition before it is fulfilled?
- One heir's share is subject to a condition that has not yet been fulfilled — can the rest of us still demand a partition now?
Related provisions
- Article 1083 — The Right to Demand Partition.
- Article 1086 — Indivisible Property.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.