Practice question
A surviving final civil obligation devolves through the liable person’s estate. A claimant demands that an heir with no separate liability pay unlimited amounts beyond the inherited value solely because of heirship. Which is best?
- Apply the succession limits and proper estate process rather than infer unlimited personal liability.
- Every heir automatically guarantees all debts without limit.
- Article 108 abolishes civil succession limits.
- The claimant may ignore the value of the inheritance.
- Heirship automatically proves a separate personal tort.
Legal references
- Revised Penal Code, Articles 108 and 111, transmission and gratuitous participation in felony proceeds: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426
- Civil Code, Articles 774-776, 1216-1220, 1231-1238, 1288 and 1292, as particularly relevant: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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