Practice question
A person aboard a vessel lost at sea has not been heard from for four years, and the Article391 facts are established. The heirs seek estate settlement. Counsel insists every presumed-death succession universally requires ten years. Which statutory distinction matters?
- Article391 supplies the specified four-year danger-case presumption including estate division
- Ten years applies without exception
- A lost vessel is expressly excluded
- Only a remarriage case can use any death presumption
- The shipowner may privately choose the period
Legal references
- Rule73 Sections2–4: https://lawphil.net/courts/rules/rc_72-109_proceedings.html
- Civil Code Articles390–391: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Succession presumptions only.
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