Practice question
An heir receives property after providing Article 879 security for a valid negative condition, then contravenes it. The heir offers to return only the bare principal and retain all fruits and interest despite the security’s stated terms. Which is correct?
- The security never has consequences
- Article 879 includes return of what was received together with fruits and interest upon contravention
- Every breach transfers the estate to the State
- Only an apology is required
- The heir may unilaterally cancel the security
Legal references
- Civil Code, Articles 876-885,889-901,919-921,934-940 and970-977: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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