Sunday, August 31, 2014

Bequeath equals legacy only?

In commenting on Article 924 of the Civil Code, Paras differentiated the words "bequeathed" and "devised". On page 403 of the book Civil Code of the Philippines Annotated, Vol. III, 2013 Edition we find:


The differentiation, however, fails when we come to succeeding articles. See for instance Article 929:


The word used is "bequeathed" to refer to both a legacy and a devise.

I think the problem arose when we grafted unto our Civil Code terms from American legal usage. The Spanish Civil Code uses "legacy" to refer to both personal and real property.

Article 865 of the Spanish Civil Code, which corresponds with Article 924 of the NCC, says:
The legacy of things which are beyond the bounds of commerce shall be null and void.

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