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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

A decedent's valid transmissible contractual debt is P500,000. An heir receives estate property worth P200,000. The creditor argues that Article 1311 permits recovery of the entire P500,000 from that heir's separate assets merely because the heir succeeded to the decedent. No independent personal undertaking is involved. Which conclusion is correct?

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The heir's relatives must personally pay the balance solely because of kinship. The creditor's claim against the heir under Article 1311 is limited by the P200,000 value received, without deciding claims against other estate assets or obligors. The contract necessarily became void at death. Heir status automatically makes all separate assets answer for the entire amount without limit.

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