Practice question
An onerous alienation follows a judgment against the transferor. The creditor seeking rescission did not obtain that judgment and the judgment concerned different property. The 1387 facts otherwise apply. Are those differences automatically fatal to the stated presumption?
- No;1387 expressly says the decision or attachment need not concern that property or be obtained by that party.
- Yes; both identity requirements are always indispensable.
- Only the buyer chooses whether a judgment exists.
- Every onerous transfer is automatically void.
- The statute only addresses gifts without payment.
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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