Text of the provision
Art. 1105. A partition which includes a person believed to be an heir, but who is not, shall be void only with respect to such person.
(1081a)
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 renderings and the Official Gazette, all three of which agree word for word.
What this article means
Closes the chapter on rescission and nullity of partition, immediately before the Code turns to Prescription. If a partition of an estate includes someone believed to be an heir who turns out not to be one — a supposed heir later shown to lack the status — the partition is not void in its entirety. It is void only as to that person's supposed share; the division among the genuine heirs stands. This limits the disruptive effect of a mistaken inclusion and reflects the same instinct as Article 1104 on preterition: a defect in one heir's participation should not automatically unravel a partition that is otherwise sound as to everyone else.
Related provisions
- Article 1104 — Preterition in the Partition Itself.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.