Philippine Bar review · Question

Practice question: General Provisions

Multiple Choice Hard Jurisprudence

Practice question

An heir inherits an estate with transmissible debts. A creditor argues that Article 774 automatically makes the heir personally liable for every excess debt from unrelated assets, without limitation and solely because of heirship. No separate personal undertaking is shown. Which is correct?
  1. Heirship always creates unlimited personal liability
  2. All debts vanish automatically at death
  3. Successional transmission of obligations is limited to the value of the inheritance; heirship alone does not support the claimed unlimited liability
  4. Every creditor becomes an heir
  5. The heir can eliminate a debt merely by disliking it

Legal references

  • Civil Code, Articles 774 and 776: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

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