Practice question
An implied remission is properly established, but competent facts show it impairs a protected legitime under the applicable inofficious-donation rules. The debtor says implied form is categorically immune. Which is best?
- Every implied remission overrides all compulsory-share limits.
- Apply 1270’s express inclusion of implied remission within those rules.
- Only express releases can ever prejudice heirs.
- The debtor’s preference determines the law.
- All creditor estates automatically become ownerless.
Legal references
- Civil Code Articles748,1236-1237,1270-1299 and1302: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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