1.

If an heir is willing to pay the debts of his decedent beyond the amount of his inheritance, can
he still recover the excess should he change his mind?
No, he cannot recover the excess of what he had delivered or rendered to the creditor, because it
was stated in the Law on Obligations and Contracts, article 1429, which states that “When a
testate or intestate heir voluntarily pays a debt of the decedent exceeding the value of the
property which he received by will or by the law of intestacy from the estate of the deceased, the
payment is valid and cannot be rescinded by the payer.” Thus, he cannot recover the excess of
what he had delivered or rendered to the creditor.

2. Can a minor recover the payment or thing delivered which has been lost or used by the other
party in good faith?
No, a minor cannot recover the payment or thing delivered which has been lost or used by the
other party in good faith, because it was stated in the Law on Obligations and Contracts, article
1427, which states that “When a minor between eighteen and twenty-one years of age, who has
entered into a contract without the consent of the parent or guardian, voluntarily pays a sum of
money or delivers a fungible thing in fulfillment of the obligation, there shall be no right to
recover the same from the obligee who has spent or consumed it in good faith. (1160A)
If the minor is bound to deliver money or fungible things and the obligee has consumed it
in good faith, the minor can no longer recover what has been delivered.” Thus, the minor cannot
recover the payment or thing delivered which has been lost or used by the other party in good
faith.