Practice question
In estate partition, does Article 1071 generally shift subsequent deterioration of donated property to the co-heirs?
- Yes, every subsequent loss is shared equally by all co-heirs.
- No; subsequent deterioration and even total loss are for the donee’s account and risk.
- Yes, the estate guarantees the donee against every accident.
- Yes, only accidental loss is always charged to co-heirs.
- Yes, all loss is deducted from the creditors’ claims.
Legal references
- Rules of Court, Rules 86-90, provisions specifically identified in the explanations: https://lawphil.net/courts/rules/rc_72-109_proceedings.html
- Civil Code, Articles 1061-1077, collation in partition: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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