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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSN. Paternity and Filiation2. Legitimate and Illegitimate Children - Family Code, arts. 164-165 and 167-169b. Rights of Legitimate Children - Family Code, Art. 174

Question

Legitimate and Illegitimate Children - Family Code, arts. 164-165 and 167-169

Scenario 1:

John and Mary are married for five years and have a child named Ben. However, John had an extramarital affair with Jane, resulting in the birth of a child named Alex. John acknowledges Alex as his child but does not legally recognize him. Upon John's death, Mary and Ben claim John's estate and exclude Alex from any inheritance. Alex, believing that he should have a share of the inheritance as a legitimate child, questions his rights under the law.

Scenario 2:

Jessica, a single mother, had a child named Charlie with her former boyfriend, Mark. Mark initially acknowledged Charlie as his child but refused to provide financial support. Jessica filed a case for support against Mark, and during the proceedings, a DNA test confirmed Mark's paternity. However, Mark suddenly passed away, leaving behind a substantial estate. Charlie, now 10 years old, seeks information on his rights as an illegitimate child.

  1. What are the rights of a legitimate child under the Family Code, particularly under Article 174?
  2. What are the rights of an illegitimate child under the Family Code, particularly under Article 176?



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