Practice question
A creditor can obtain full reparation through another available legal remedy but seeks subsidiary rescission solely for convenience. No basis under Article 1191 is asserted. What is the effect of Article 1383?
- Convenience always overrides subsidiarity.
- The available means of full reparation defeats the asserted subsidiary-rescission basis.
- Every creditor automatically owns the debtor’s land.
- The contract is void from inception solely because a creditor objects.
- The court must ignore all other remedies.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1380–1389.
- https://lawphil.net/judjuris/juri2015/jan2015/gr_167519_2015.html — Wellex Group v U-Land Airlines, GR 167519, January 14 2015, main opinion: subsidiary rescission distinguished from Article 1191 resolution.
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