Do you inherit debts? (Art. 1178, Civil Code on Transmissibility of Rights)

Summary

In this video, Attorney Marty Chris Baton Lasko explains the concept of the transmissibility of rights under Article 1178 of the Civil Code. He clarifies how rights and obligations can be transferred upon the death of individuals, allowing heirs to inherit debts or collect from debtors. However, there are limitations, such as inheriting debts only up to the inherited value. The video also highlights exceptions to the rule, including when rights are inherently non-transmissible, when parties agree otherwise, or when the law prohibits transfer. The video aims to simplify legal concepts in an easily digestible format.

Takeaways

• 😀 Rights acquired through obligations are generally transmissible after the death of a person, meaning their heirs may inherit both assets and liabilities.
• 😀 Heirs can collect from the debtors of the deceased, as long as they have inherited assets that are part of the deceased’s estate.
• 😀 The law, specifically Article 1178 of the Civil Code, allows rights to be transferred unless there is an agreement or law stating otherwise.
• 😀 If a person inherits assets from their parents, they can be required to pay debts, but only to the extent of what they have inherited.
• 😀 A person inheriting from a deceased debtor is liable for the debt up to the value of the inherited assets, not exceeding the estate value.
• 😀 If a creditor dies, their heir can still collect the owed debt from the debtor, as rights related to obligations are also transmissible.
• 😀 There are exceptions to the rule of transmissibility of rights, including purely personal rights like voting, which cannot be transferred.
• 😀 If the parties involved in a contract agree that the right is not transmissible, then it will not be transferred after death.
• 😀 Some laws may specifically prohibit the transmission of certain rights, which creates another exception to the general rule.
• 😀 The video concludes by encouraging viewers to like and subscribe for more legal discussions, as well as to leave comments for any other legal topics they wish to explore.

Q & A

What is the main focus of this video?

The main focus of the video is to explain the concept of the transmissibility of rights, particularly in relation to inheritance and debts, under the Civil Code.

What does Article 1178 of the Civil Code state about rights?

Article 1178 states that rights acquired in virtue of an obligation are transmissible, unless there is a stipulation to the contrary.

Can children inherit debts after the death of their parents?

Yes, children can inherit debts, but they are only liable to the extent of the inheritance they receive from their parents.

What happens if the deceased parent's debt exceeds the inheritance left for the child?

If the parent's debt exceeds the inherited property, the child is only liable for the amount they have inherited, not the entire debt.

Can a creditor’s heir still collect the debt after the creditor's death?

Yes, the heir of a creditor can still collect the debt owed to the deceased creditor, as the right to collect is transmissible.

What is the general rule about the transmissibility of rights?

The general rule is that rights are transmissible, meaning that obligations and claims can be passed on to heirs after death.

What are some exceptions to the transmissibility of rights?

Some exceptions include when the right is purely personal (like the right to vote), when the parties have agreed that it will not be transmissible, or when the law specifically states it is not transmissible.

Can a right that is purely personal be transferred to heirs?

No, purely personal rights, such as the right to vote, cannot be transferred or inherited.

Is it possible for a party to contractually agree that a right will not be transmissible?

Yes, parties can stipulate in their agreement or contract that a right will not be transmissible.

What should viewers do if they want to learn more about other legal concepts?

Viewers are encouraged to comment on the channel to suggest other legal principles or concepts they would like to learn about.