Philippine Bar review · Question

Practice question: Waiver

Multiple Choice Hard

Practice question

A capable debtor renounces prescription already obtained. An affected creditor invokes1114 to make that prescription effective despite the renunciation. The debtor says its personal waiver necessarily binds everyone. Which is correct?
  1. Article1114 preserves the creditor’s ability to invoke prescription notwithstanding the debtor’s renunciation
  2. Every renunciation destroys all creditor protections
  3. Only the debtor may ever invoke prescription
  4. The creditor must agree the debt is revived
  5. Private waiver abolishes1114

Legal references

  • Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles6,905,1112–1114,1171 and2035–2036.

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