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Philippine Bar review · Question

Practice question: Capacity to Succeed by Will or by Intestacy

Multiple Choice Hard Jurisprudence

Practice question

An excluded unworthy heir possessed estate property before a judicial exclusion order and sold a portion to a third person who acted in good faith. The co-heirs argue that Article 1036 necessarily voids every such pre-order alienation and leaves them no remedy against the excluded heir. Which is correct?
  1. Every pre-order sale is void even against good-faith third persons
  2. Article 1036 protects the stated good-faith third person’s pre-order transaction while preserving the co-heirs’ damages claim against the disqualified heir
  3. The excluded heir automatically regains capacity by selling
  4. The co-heirs have no claim against anyone under any circumstances
  5. Every buyer is protected regardless of actual bad faith

Legal references

  • Civil Code, Article 1036: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

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