Thursday, February 02, 2006

Reserva Troncal

There are two topics in the succession class that we find most confusing. First is the Iron Curtain Rule and second is the reserva troncal. Since the latter topic is still fresh from my mind (courtesy of Judge Arenas) I will post it here.

The parties:
1) Origin - the ascendant, brother or sister from whom the propositus acquired the property by gratuitous title.
2) Propositus - the descendant from whom the reservista acquired the property by operation of law.
3) Reservista - the ascendant of the propostus who acquired the property by operation of law. He is under obligation to reserve the property.
4) Reservatarios - relatives of the propositus who are within the third degree and who belong to the line from which the property came from and for whose benefit the reservation is constituted.

Reserva Troncal may involve three deaths:
1st - The death of the origin - transfers the reserva to the propositus by gratuitous title (donation, transmission, succession).
2nd - The death of the propositus - transfers the reserva to the reservista. (The propositus should have no issue of descendants.)
3rd - The death of the reservatarios - transfers the property to the reservatarios.

May the reservista sell the reserva?
Yes, subject to resolutory condition. In fact, the contract is rescissible.

Suppose there is no reservatarios?
The reserva shall be released and will follow regular order of succession.

Is the right of representation applicable in reserva troncal?

Question of the Day
Can the reservista execute a will disposing of the reservable property? Why?


  1. No because he cannot dispose something which does not belonging to him.

  2. have u heard of the tragedy in Ultra? Horrible. They should have anticipated what will happen. ABS-CBN is really terrible.

  3. hello,

    if ur preparing for the bar u may wanna check out its a site created for up students but u may find it useful also.

  4. Since the reservista is only a care-taker of the reserva, then he cannot dispose it by will because the reserva is not his property yet.

  5. anony 1 and 4,


    gma forever,

    see my current post.

    anony 3


  6. hi! i'm doing a research on reserva troncal and i just wanna ask if there are other countries who have the concept of reserva troncal in their laws and if ever, what are these countires? and what are good sources (books, websites) for my research?

  7. it depends. the reservista has a full ownership over the reservable property, subject to resolutory condition. If he dies, said ownership terminates. Should the reservees predecease, the reservable property will become part of the former's estate.

  8. This comment has been removed by a blog administrator.

  9. question:

    Father gave his son a certain real prop by way of donation. Subsequently, the son died without issue. By operation of law it is his parents who will succeed him. Assuming that during that time his mother and father- donor is still alive, then the parents will inherit the real prop in equal shares, i.e 1/2 and 1/2. Then, the mother dies. Assuming, that the son has 3 siblings legitimate. Now, Mother's compulsory heirs are 3 sons, and Father-donor. Is there reserva troncal in this case?