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Q: A, B, C perished in a mishap. A was 66, father of B. Who survived whom?

A: For purposes of succession, Art. 43. For purposes other than succession, apply ROCs.

Q: Assuming A is 58, who survived?

RESTRICTIONS ON CAPACITY TO ACT

Q: If one of the parties to a contract was a minor when the contract was entered, then attained
majority. He filed annulment. Will action prosper?
A: May or may not. No capacity to act, incapable of giving consent. Voidable does not mean
annullable.

Q: Can minors may be estopped?


A: No. Incapable of giving consent. But SC: estopped if actively misrepresented

Q: An heir who is suffering from civil interdiction, can he inherit?


A: Can inherit. Civil interdiction involves only… One of the requisites for successional rights is
acceptance.

Q: Can he personally accept?


A:

Q: If an alien is one of the parties in a contract of sale involving an immovable, what would be
the status?
A: Depends on the capacity to act of the alien

Q: Does the autonomy of contracts principle apply to marriage?


A: No. FC governs the rights and obligations of the parties to the marriage. Autonomy of
contracts pertains to what law would govern between the parties and their stipulations.

Q: If A, promised to marry B, but he did not fulfill the promise. Can A be liable for damages?
A: General rule: not actionable. Mere promise to marry cannot be enforced but an action for
damages may be grounded or based on quasi-delict or the provisions on human relations, such as
[NCC 21]. [Wassmer v. Velez]

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