Practice question
A creditor elects fulfillment. Performance subsequently becomes impossible without the creditor’s fault. The debtor invokes the earlier election to deny any penalty under Article 1227. What statutory qualification applies?
- The creditor loses every remedy automatically
- The penalty may be enforced in the stated subsequent-impossibility situation
- The penalty can never follow an election of fulfillment
- Creditor fault is conclusively presumed
- The principal becomes a donation
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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