Practice question
A deceased debtor was solidarily liable with a living debtor. What does Rule 86, Section 6 permit?
- The creditor must sue the living debtor alone.
- File against the estate as if the deceased were the only debtor, without extinguishing the estate’s right to contribution.
- The claim is always divided by the number of debtors.
- Death converts the obligation into a joint one.
- The estate automatically loses its contribution right.
Legal references
- Rules of Court, Rules 86-90, provisions specifically identified in the explanations: https://lawphil.net/courts/rules/rc_72-109_proceedings.html
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