und Tabu (German Edition). by Sigmund Freud . Tres ensayos de la Teoría sexual y el tabú de la virginidad/ Three Essays on by Sigmund Freud. Currently . Sigmund Freud 7 (edición en rústica). Tomo 7 (). Ensayos 98 al at Incluye: El tabu de la virginidad. Lo siniestro, Psicología de las masas y. El tabu de la virginidad CIV. Sobre la ensenanza del psicoanalisis en la universidad CV. Los caminos de la terapia psicoanalitica CVI. Para la prehistoria de la.
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Petition for Review under Rule The property subject of the controversy is a 9, tbau. On December 8,Faustina died without any children. She left a holographic will, dated July 27,assigning and distributing her property to her nephews and nieces. The said holographic will, however, was not probated.
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One of the heirs was the father of Domingo Laxamana, Benjamin Laxamana, who died in On August 1,to give effect to the freuv will, the forced and legitimate heirs of Faustina executed a Deed of Extra-Judicial Succession with Partition. The said deed imparted 9, sq. Thereafter, on December 14,Domingo sold 4, sq. The document was captioned Deed of Sale of a Portion of Land.
On May 7,the remaining 4, tabi meters of Domingos share in the partition was registered under his name under TCT No.
On August 4,Domingo passed away. The resultant transfer of title was registered as TCT No. They claimed that the defendants were merely allowed to occupy the subject lot by their late father, Domingo, but, when asked to vacate the property, they refused to do so.
The case was ruled in favor of Domingos heirs and a writ of execution was subsequently issued. On February 4,Milagros de Belen Vda.
In their complaint, the petitioners claimed that they were the lawful owners of the subject property because it was sold to their father, Laureano, virginidae Domingo, through a Deed of Absolute Sale, dated March 5, laa Hence, being the rightful owners by way of succession, they could not be ejected from the feud property. In their Answer, the spouses Tabu countered that the deed of sale from which the petitioners anchored their virgunidad over the 9, sq. Domingo became the owner of the property only on August 1,by virtue of the Deed of Extra-Judicial Succession with Partition executed by the forced heirs of Faustina.
In addition, they averred that Domingo was of unsound mind having been confined in a mental institution for a time.
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After trial, the RTC dismissed the complaint as it found the Deed of Absolute Sale, dated March 5,null and void for lack of capacity to sell on the part of Domingo. Likewise, the Deed of Absolute Sale, dated October 8,covering the remaining 4, sq.
Not in conformity, both parties appealed to the Court of Appeals CA. They claimed that Domingo owned the property, when it was sold to Laureano, because he inherited it from his father, Benjamin, who was one of the heirs of Faustina.
Being a co-owner of the property left by Benjamin, Domingo could dispose of the portion he owned, notwithstanding the will of Faustina not being probated.
The spouses Tabu, on the other hand, asserted that the Deed of Sale, dated March 5,was spurious and simulated as the signature, PTR and the document number of the Notary Public were different from the latters notarized documents. They added that the deed was without consent, Virginiddad being of unsound mind at the time of its execution.
After due virgunidad, the CA rendered a decision partially granting the appeal. It held that although Domingo was of sound mind at the time of the sale on March 5,it sustained the RTCs declaration of nullity of the sale on the ground that the deed of sale was simulated. Whether or not the March 5, deed is null and void, since Domingo, the seller, was not yet the owner of the subject property?
Even on the assumption that the March 5, deed was not simulated, still the sale cannot be deemed valid because, at that time, Domingo was not yet the owner of the property.
There is no dispute that the original and registered owner of the virginidar property covered by TCT No. In the said will, the name of Benjamin, father of Domingo, appeared as one of the heirs.
Thus, and as correctly found by the RTC, even if Benjamin died sometime inDomingo in could not yet validly dispose of the whole or even a portion thereof for the reason that he was not the sole heir of Benjamin, as his mother only died sometime in Besides, under Article of the Civil Code, No contract may be entered into upon future inheritance except in cases expressly authorized by law.
Paragraph 2 of Article [Civil Code], characterizes a contract entered into upon future inheritance as void.
The law applies when the following requisites concur: