Practice question
A clause expressly imposes a fideicommissary burden on a compulsory heir’s legitime. No different legal basis changes the facts. What qualification controls?
- Calling it fideicommissary automatically overrides all legitimes.
- Every compulsory heir may be ignored by terminology alone.
- Only the fiduciary’s age matters.
- All testamentary clauses are immune from law.
- Article 864’s prohibition.
Legal references
- Civil Code Articles774-794,863-867 and1347: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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