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A is the mother of X. A died and her land under Title Z passed to X. But X died without children, so the land under Title Z passed on to X’s father. The father of X eventually had other children, and then he died. To whom should the land under Title Z pass on?Tip: Reserva TroncalGroup of answer choicesRelatives of X in the mother’s side up to the third degreeThe other children of father of X

Question

A is the mother of X. A died and her land under Title Z passed to X. But X died without children, so the land under Title Z passed on to X’s father. The father of X eventually had other children, and then he died. To whom should the land under Title Z pass on?Tip: Reserva TroncalGroup of answer choicesRelatives of X in the mother’s side up to the third degreeThe other children of father of X

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Solution 1

The land under Title Z should pass on to the relatives of X in the mother’s side up to the third degree. This is based on the principle of Reserva Troncal, which is a rule in civil law that applies when a person inherits property from a relative, and then dies without children. The property must then be returned to the family of the original owner, rather than being passed on to other relatives. In this case, since X inherited the land from his mother A and died without children, the land should return to A's family, i.e., relatives of X in the mother’s side up to the third degree.

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Solution 2

The land under Title Z should pass on to the relatives of X in the mother’s side up to the third degree. This is based on the principle of Reserva Troncal in civil law, which states that when a property is inherited from a parent but the inheritor dies without issue, the property should revert to the relatives within the third degree on the side of the parent from whom the property was originally inherited. In this case, the property was originally inherited from the mother, so it should revert to her relatives.

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