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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: Rights of Legitimate Children - Family Code, Art. 174

In a recent court case, Maria, a married woman, had a child named Anna. However, due to certain circumstances, her husband David denied his paternity over Anna. As a result, Anna was recognized as an illegitimate child and bore her mother's surname. Several years later, David passed away, leaving behind a substantial inheritance. The legitimate children of David, Peter and Sarah, are now claiming their rightful share of the inheritance. On the other hand, Anna, as the illegitimate child, is also seeking a share of the inheritance as a legal heir.

Based on the provisions of the Family Code, particularly on the rights of legitimate children in Art. 174, analyze and discuss the following:

  1. What are the rights of legitimate children in relation to the succession of the deceased father?
  2. Can Anna, as an illegitimate child, claim a share in the inheritance of her deceased father, David? What, if any, are her rights in this scenario?



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