Inofficious


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Related to Inofficious: renunciation, gratuitous, encumbrance

INOFFICIOUS, civil law. This word is frequently used with others; as, inofficious testament, inofficiosum testamentum; inofficious gift, donatio inofficiosa. An inofficious testament is one not made according to the rules of piety; that is, one made by which the testator has unlawfully omitted or disinherited one of his heirs. Such a disposition is void by the Roman civil law. Dig. 5, 2, 5; see Code, 3, 29; Nov. 115; Ayl. Pand. 405; Civil Code of Lo. art. 3522, n. 21.

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If he does, so much of what is donated as exceeds what he can give by will is deemed inofficious and the donation is reducible to the extent of such excess, though without prejudice to its taking effect in the donor's lifetime or the donee's appropriating the fruits of the thing donated (Art.
A: The compulsory heir is entitled to have the donation set aside in so far as inofficious: i.e., in excess of the portion of free disposal (Civil Code of 1889, Articles 636, 645), computed as provided in Articles 818 and 819, and bearing in mind that collationable gifts' under Article 818 should include gifts made not only in favor of the forced heirs, but even those made in favor of strangers in computing the legitimes, the value of the property donated should be considered part of the donor's estate.
If in order to nullify this waiver it should be claimed to be inofficious, the debtor and his heirs may uphold it by proving that the delivery of the document was made in virtue of payment of the debt.