Text of the provision
Art. 1095. If a credit should be assigned as collectible, the co-heirs shall not be liable for the subsequent insolvency of the debtor of the estate, but only for his insolvency at the time the partition is made. The warranty of the solvency of the debtor can only be enforced during the five years following the partition. Co-heirs do not warrant bad debts, if so known to, and accepted by, the distributee. But if such debts are not assigned to a co-heir, and should be collected, in whole or in part, the amount collected shall be distributed proportionately among the heirs.
(1072a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
If a credit is assigned as collectible, the co-heirs are not liable for the debtor's subsequent insolvency — only for his insolvency at the time of partition. For credits assigned as doubtful, there is no warranty at all.
Related provisions
- Article 1094 — Ten Years to Enforce Warranty.
- Article 1096 — When Warranty Ceases.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.