Philippine Bar review · Question

Practice question: Conditional Testamentary Dispositions and Dispositions with a Term

Multiple Choice Hard

Practice question

A voluntary heir is validly instituted under a suspensive term. The heir survives the testator but dies before the term arrives. No contrary special rule or incapacity is involved. A rival says the heir acquired no transmissible right solely because the term had not arrived. Is that claim sound under Article 878?
  1. Yes, every suspensive term prevents all transmission
  2. No, Article 878 permits acquisition and transmission to the instituted heir's heirs before the term arrives
  3. Yes, the executor inherits automatically
  4. No, because every term is void
  5. Yes, unless the rival agrees

Legal references

  • Civil Code Articles 871–885: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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