Practice question
One branch claims transmission through A to B; the other claims transmission through B to A. The two were called to succeed each other, and neither branch proves prior death. Under 43, may the court simply choose whichever sequence produces equal shares?
- Yes; equal shares conclusively prove chronology.
- No; apply the stated simultaneous-death and no-interperson-transmission rule rather than invent a sequence.
- Yes; the first lawyer to file chooses the order.
- Yes; wealth automatically establishes survival.
- No; because no person can ever prove an order of death.
Legal references
- Civil Code Articles13-17 and37-46: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
Answer this question in flashcards to review your response and continue practicing.