Practice question
Before partition, Rene sells his hereditary rights to outsider Sol. Rene gives coheir Tessa written notice of the sale and its price. Within one month of that notice, Tessa offers repayment of that price and invokes Article1088. Which is correct on these stipulated facts?
- Tessa may be subrogated to Sol by reimbursing the purchase price
- Tessa must wait until partition is completed
- Only the decedent could redeem
- Sol can defeat the right solely by refusing to be an heir
- Tessa must pay double the price
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1087–1096.
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