ARTICLE 393-394

ARTICLE 393

       Whoever claims a right pertaining to a person whose existence is not recognized must prove that he was living at the time his existence was necessary in order to acquire said right. (195)

        This law has necessary connections to the law on succession, but it requires that there be proof of the existence of the absentee at the time his existence was necessary otherwise , there would be no transmission of rights.

Explanation: Proof of existence is required when all the following elements concur:

1.   Known death of  a person

2.   Controversy as to the validity of a transaction or contract

If some rights exists in favor of a deceased and such right of a deceased and such right is sought to be enforced, the individual seeking to pursue such rights must prove that the right vested in favor of the deceased while the latter still living.

 Let say, X as presume dead in 2002 If X later alleges that he purchased property from X in 2003 ( when the existence of X was no longer recognized) Y has to prove that X was still alive in 2002.

  

Article 394: Without prejudice to the provisions of the preceding article, upon the opening of a succession to which an absentee is called his representatives. They shall all, the case may be, make an inventory of the property. (196a)

Explanation: It states that the action  of the petitioner for inheritance or other rights which are vested in the absentee, the representative or successors in interests shall not be extinguished save by elapse of the fixed prescription.