The document provides an example of how to use the ALAC framework to structure legal answers. ALAC stands for:
A - Answer Directly
L - Legal Basis
A - Application
C - Conclusion
The document then provides a sample question and uses the ALAC framework to analyze whether a child can inherit from their father who died before the child was born but after the mother was pregnant for 6 months. It cites the relevant civil code articles on when a fetus is considered a person and born for purposes of inheritance.
The document provides an example of how to use the ALAC framework to structure legal answers. ALAC stands for:
A - Answer Directly
L - Legal Basis
A - Application
C - Conclusion
The document then provides a sample question and uses the ALAC framework to analyze whether a child can inherit from their father who died before the child was born but after the mother was pregnant for 6 months. It cites the relevant civil code articles on when a fetus is considered a person and born for purposes of inheritance.
The document provides an example of how to use the ALAC framework to structure legal answers. ALAC stands for:
A - Answer Directly
L - Legal Basis
A - Application
C - Conclusion
The document then provides a sample question and uses the ALAC framework to analyze whether a child can inherit from their father who died before the child was born but after the mother was pregnant for 6 months. It cites the relevant civil code articles on when a fetus is considered a person and born for purposes of inheritance.
The document provides an example of how to use the ALAC framework to structure legal answers. ALAC stands for:
A - Answer Directly
L - Legal Basis
A - Application
C - Conclusion
The document then provides a sample question and uses the ALAC framework to analyze whether a child can inherit from their father who died before the child was born but after the mother was pregnant for 6 months. It cites the relevant civil code articles on when a fetus is considered a person and born for purposes of inheritance.
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ALAC
How to frame your answers. Use ALAC.
A : Answer Directly (Yes or No or a specific answer)
L : Legal Basis (law or jurisprudence)
A : Application (State the facts, apply the law or
jurisprudence to the facts)
C : Conclusion (State your conclusion in support
of your answer)
Example:
John and Marsha are newlyweds. Marsha got pregnant.
On the 6th month of Marsha’s pregnancy, John died in a vehicular accident.
(a) Will the child be able to inherit from John? Why?
IT DEPENDS on whether the child is eventually born alive. Under the law, birth determines civil personality; and an unborn child cannot inherit for lack of civil personality. However, a fetus can be considered born for all purposes that are favorable to it, like being entitled to an inheritance, provided it is eventually born alive, or if it had an intra-uterine life of less than 7 months, it should stay alive for more than 24 hours after its complete delivery from the mother’s womb. In the given problem, the circumstances of the birth are not stated. Thus, the capacity of the fetus to inherit would be determined by the circumstances at the time of its complete delivery from the mother’s womb.
ALAC
Article 40. Birth determines personality; but the
conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article. (29a) Article 41. For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered from the mother's womb. However, if the foetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb. (30a)