Practice question
An heir living abroad neither possesses nor uses the estate’s dog. Other relatives actually possess and maintain it. Is kinship or co-heirship alone enough to impose Article 2183 liability on the absent heir?
- Yes, every heir is automatically a possessor
- No; the relevant possession or use must be established
- Yes, location never matters to proof of possession
- Yes, all relatives guarantee every animal
- Yes, inheritance substitutes for every statutory element
Legal references
- Civil Code, Articles 19-23, 26, 28, 31-33, 1314, 2177, 2183 and 2187: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- Vestil v. Intermediate Appellate Court, G.R. No. 74431, November 6, 1989, MAIN decision: https://lawphil.net/judjuris/juri1989/nov1989/gr_74431_1989.html
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