Practice question
A buyer demands both specific fulfillment and a penalty under a clause that does not clearly grant cumulative relief. No Article 1227 impossibility qualification applies. What rule matters?
- The debtor can dictate any price
- Both remedies are automatically cumulative
- A penalty always extinguishes performance
- The creditor cannot demand both at the same time unless that right was clearly granted
- The creditor needs no contractual right to cumulative relief
Legal references
- Civil Code, Articles 1226-1230, 1701-1703, 2224-2235: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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