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Philippine Bar review · Question

Practice question: Acceptance and Repudiation of the Inheritance

Multiple Choice Medium

Practice question

An heir merely protects estate property from rain without assuming the title or capacity of an heir. Under Article 1049, does that act alone imply acceptance?
  1. Yes, any preservation act conclusively accepts.
  2. Yes, even if no capacity as heir is assumed.
  3. Yes, because rain creates a special acceptance rule.
  4. Yes, because all temporary administration is acceptance.
  5. No, mere preservation without assuming heir capacity does not imply acceptance.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 1049.

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