Philippine Bar review · Question

Practice question: Capacity to Buy or Sell

Multiple Choice Medium

Practice question

An executor wants to buy property of the estate currently under that executor's administration. The executor says being over eighteen eliminates every purchase restriction. Which answer is correct?
  1. Majority eliminates Article 1491
  2. The executor remains subject to Article 1491's specific disqualification for estate property under administration
  3. Only persons under eighteen can ever be disqualified
  4. The estate automatically belongs to the executor
  5. The prohibition concerns only gifts

Legal references

  • Civil Code Articles 1489–1492: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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