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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

Alex and Maria were married in 2005 and had a daughter named Sofia. In 2010, Maria gave birth to another child named Juan. Unfortunately, Alex and Maria's marriage encountered irreconcilable differences and they decided to separate in 2015. The court granted their request for legal separation in 2017.

After the separation, Alex met a new partner named Carla. Their relationship resulted in the birth of a son named Pedro in 2018. Carla and Alex are not married.

In 2020, Alex passed away without leaving a will. Now, a dispute arises between Sofia, Juan, and Pedro regarding their inheritance rights.

Based on the provisions of the Family Code, particularly Article 174, who among Sofia, Juan, and Pedro is entitled to inherit from Alex's estate? Discuss their respective rights as legitimate or illegitimate children.




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