Page 272 - Important Provisions of The New Civil Code
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Article 1016. In order that the right of accretion


        may take place in a testamentary succession, it


        shall be necessary:




               (1) That two or more persons be called to the



               same  inheritance,  or  to  the  same  portion


               thereof, pro indiviso; and




               (2) That one of the persons thus called die


               before  the  testator,  or  renounce  the



               inheritance, or be incapacitated to receive it.


               (928a)




        Article 1021. Among the compulsory heirs the


        right of accretion shall take place only when the



        free portion is left to two or more of them, or to


        any one of them and to a stranger.




        Should the part repudiated be the legitime, the



        other co-heirs shall succeed to it in their own


        right, and not by the right of accretion. (985)
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