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Philippine Bar review · Question

Practice question: Right of Accretion

Multiple Choice Hard

Practice question

A will separately assigns the northern parcel to A and southern parcel to B. B’s gift becomes vacant; no substitute exists and the stipulated facts do not satisfy joint-portion accretion. A claims 1023 creates automatic accretion merely because both are devisees. Which is best?
  1. Every two devisees automatically share every parcel.
  2. Devisee status does not eliminate the unsatisfied accretion conditions.
  3. The executor may invent a joint designation.
  4. Separate parcels necessarily become one gift against the text.
  5. Only the last person to ask wins.

Legal references

  • Civil Code Articles991,997-1001,1016-1023,1026-1035,1050 and1063-1072: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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