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)