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Section 4: Conditional Testamentary Dispositions and Testamentary…

- - - - Kinds of Condition:
        
        As to Cause
        
        As to Effect
        
        Suspensive Condition - the happening of which gives rise to the inheritance.
        
        Resolutory Condition - the happening of which extinguishes the right to the inheritance.
        
        As to Mode
        
        Positive Condition - to do something that would happen.
        
        Negative Condition - to do something that will not happen or that should not be done.
        
        As to Form
        
        Express Condition
        
        Implied Condition
        
        Potestative Condition - the fulfillment depends exclusively upon the will of the heir, devisee or legatee.
        
        Casual Condition - depends upon chance or the will of a third person.
        
        Mixed Condition - depends partly upon the will of the heir and partly upon chance or the will of a third person.
  - - - If the heir does not comply with the object or the attestation and the purpose of the institution, the heir forfeits the inheritance.
      - If the institution is subject to a mode, the heir immediately enjoys the property.
      - The heir is required to furnish a security so that he will do what has been imposed by the testator
      - If there is doubt as to whether the institution is a mode or condition, it is resolved in favor of a mode because we have to consider
        that the real reason in the institution is the liberality of the testator.
      - If there is a doubt as to whether it is a mode or a suggestion, it is considered as a suggestion because it is less burdensome.
      - Modal Institution vs Conditional Institution: Inasmuch as there is an obligation, and inasmuch as a violation of the obligation results to forfeiture, it is believed that, from this viewpoint, there is no difference between modal institution and conditional institution.
        
        Modal institution is not a condition. (par. 1) but when it is violated, the instituted heir is supposed to forfeit the inheritance, to return indeed anything he may have received together with its fruits and interest, if he should disregard this obligation. (Second par.)
        In modal institution, the inheritance can be immediately demanded provided security is given.
        When the institution with suspensive condition, even if the heir wants to give security , he will not be allowed to do so and will not be allowed to get the property in the meantime. INSTEAD, the property will be placed under ADMINISTRATION. (Art 880)
- - - - Rationale: Contrary to good morality and public policy.
    - - (a) Void – Contrary to morality and
        public policy.
      - (b) Exception (Valid):
        
        When imposed on the widow or widower by the deceased spouse.
        
        When imposed on the widow or widower by the ascendants or descendants of the deceased spouse (not the ascendants or descendant of the widow or widower).
        
        Rationale: Justified because of sentimental and economic reasons.