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Philippine Bar review · Question

Practice question: Rescissible Contracts

Multiple Choice Hard

Practice question

A bad-faith acquirer of property fraudulently alienated against creditors cannot return it. All 1388 requirements apply. The acquirer insists impossibility of return automatically eliminates every damages responsibility. Which is correct?
  1. Every inability to return creates complete immunity.
  2. The provision expressly requires indemnity for the creditor damage in the stated situation.
  3. Only a good-faith stranger must pay instead.
  4. The creditor must always abandon the claim.
  5. The acquirer may choose any replacement legal rule.

Legal references

  • Civil Code Articles748,1306,1319-1326,1356-1368,1372,1376 and1382-1389: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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