Philippine Bar review · Question

Practice question: Natural Obligations

Multiple Choice Hard Jurisprudence

Practice question

An heir receives PHP300,000 from an estate but voluntarily pays PHP450,000 of the decedent’s debt, using personal funds for the excess. No coercion or mistake is alleged. The heir later claims the excess must be rescinded solely because it exceeded the inheritance. Which is correct?
  1. Article 1429 recognizes the voluntary excess payment as valid and not rescindable by the payer on that ground
  2. Every excess payment is necessarily void
  3. Every creditor can compel heirs to pay unlimited excess debts
  4. The payment makes the creditor an heir
  5. The estate automatically grows by PHP150,000

Legal references

  • Civil Code, Article 1429: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

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