Immediate Vesting of Inheritance Rights Under Civil Code Article 777

Article 777 of the Civil Code establishes a fundamental principle in succession law: inheritance rights are transmitted from the very moment of the decedent's death. This means that upon a person's passing, their heirs legally acquire ownership of their share of the estate. The vesting of these rights is immediate and does not require a subsequent declaration of heirship or partition of the property to take effect. The law's aim is to prevent a vacuum in ownership, ensuring that property rights are continuously held.

This principle carries significant implications, particularly concerning the disposition of inherited property. For instance, heirs can exercise rights such as redemption over properties even while the estate is under administration. Furthermore, legal heirs are empowered to initiate civil actions to protect their inherited rights without the necessity of a prior judicial declaration of their heirship, provided no special proceeding for the estate settlement is pending.

The application of Article 777 is crucial in various legal contexts. In cases involving bank foreclosures of a parent's property, prospective heirs cannot block the foreclosure based on future inheritance claims, as their rights only accrue upon the parent's death. However, if a child purchases such a property, it might be considered an advancement of their forced share, potentially requiring collation upon the parent's death to ensure equitable distribution among siblings.

Moreover, Article 777 plays a role in clarifying inheritance disputes, such as those involving illegitimate children. The law has been interpreted to mean that an illegitimate child can inherit their parent's share of an estate that the parent inherited from their own legitimate relatives. This is because the parent's right to that inheritance vested upon the death of the legitimate relative, and subsequently, the illegitimate child's right vested upon the parent's death. While Article 777 dictates the immediate transmission of rights, the process of settling an estate and formally distributing assets often involves specific legal procedures, such as extrajudicial settlements or judicial proceedings. These processes ensure that all legal heirs are identified and that the distribution is conducted in accordance with the law, even though the underlying ownership rights were already established at the moment of death.