All ▸ Bar 2024 ▸ CIVIL LAW ▸ III. PERSONS AND FAMILY RELATIONS ▸ N. Paternity and Filiation ▸ 2. Legitimate and Illegitimate Children - Family Code, arts. 164-165 and 167-169 ▸ b. Rights of Legitimate Children - Family Code, Art. 174

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Legitimate and Illegitimate Children - Rights of Legitimate Children

Rafael and Maria are married and have a legitimate child named Sofia. Sofia is now 16 years old and is living with her parents. Rafael recently passed away without leaving a will. Maria is now contemplating selling a piece of property owned by Rafael, but Sofia opposes the sale as she believes that she has rights over the property as Rafael's legitimate child.

Based on the Family Code, particularly Article 174, discuss whether Sofia, as a legitimate child, has any rights over the property owned by Rafael and if she can prevent Maria from selling it.

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