Succession defined; characteristics thereof
Succession is a mode of acquisition by virtue of which the property, rights and obligation to the extent of the value of the inheritance, of a person are transmitted through his death to another or others either by his will or by operation of law. "Decedent” is the general term applied to the person whose property is transmitted through succession, whether or not he left a will. If he left a will, he is also called the testator. (Article 774-775)According to Mison, by the deļ¬nition, the characteristics of succession are as follows:
1. It is a mode of acquiring ownership, one of those enumerated in Article 712 of the Civil Code;
2. It is a gratuitous transmission, sometimes referred to as a donation mortis causa;
3. It is a transmission of property, rights and obligations to another to the extent of the value of the inheritance;
4. The transmission of property, rights, and obligations is by virtue of death; and
5. The transmission occurs either by will or by operation of law.