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Art. 840. Institution of heir is an act by virtue of which a testator designates in his will the
person or persons who are to succeed him in his property and transmissible rights and
obligations.
Preterition or pretermission is the omission, whether intentional or not, of a compulsory heir in
the inheritance of a person.
Art. 857. Substitution is the appointment of another heir so that he may enter into the
inheritance in default of the heir originally instituted.
Art. 859. The testator may designate one or more persons to substitute the heir or heirs
instituted in case such heir or heirs should die before him, or should not wish, or should
be incapacitated to accept the inheritance.
A simple substitution, without a statement of the cases to which it refers, shall comprise
the three mentioned in the preceding paragraph, unless the testator has otherwise
provided.
the brief substitution when two or more take the place of one
the compendious substitution when one takes the place of two or more
Reciprocal - the instituted heirs are also made the substitutes of each other
A fideicommissary substitution (indirect substitution) is that by virtue of which a testator institutes
a first heir, and charges him to preserve and transmit the whole or part of the inheritance later
on to a second heir.
Requisites and Limitations of the Fideicommissary Substitution
a. There must be a FIRST HEIR called primarily or preferentially to the enjoyment of the
property
b. There must be an obligation clearly imposed upon him to preserve and transmit to a third
person the whole or part of the inheritance
c. A SECOND HEIR
d. The 1st and the 2nd heirs must be only one degree apart Both heirs must be alive (or at
least conceived) at the time of the testators death.
e. Must be made in an EXPRESS manner
f.

Must not burden the legitime.

g. Must not be conditional

Art. 867. The following shall not take effect:

1. Fideicommissary substitutions which are not made in an express manner, either by
giving them this name, or imposing upon the fiduciary the absolute obligation to deliver
the property to a second heir;
2. Provisions which contain a perpetual prohibition to alienate, and even a temporary one,
beyond the limit fixed in Article 863;
3. Those which impose upon the heir the charge of paying to various persons successively,
beyond the limit prescribed in Article 863, a certain income or pension;
4. Those which leave to a person the whole or part of the hereditary property in order that
he may apply or invest the same according to secret instructions communicated to him
by the testator