Civil Law, 2011 Bar — Question 38

MULTIPLE CHOICE

Fernando executed a will, prohibiting his wife Marina from remarrying after his death, at the pain of the legacy of P100 Million in her favor becoming a nullity. But a year after Fernando's death, Marina was so overwhelmed with love that she married another man. Is she entitled to the legacy, the amount of which is well within the capacity of the disposable free portion of Fernando's estate? A) Yes, since the prohibition against remarrying is absolute, it is deemed not written. B) Yes, because the prohibition is inhuman and oppressive and violates Marina's rights as a free woman. C) No, because the nullity of the prohibition also nullifies the legacy. D) No, since such prohibition is authorized by law and is not repressive; she could remarry but must give up the money.

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