Practice question
What does Article 1383 mean by calling rescission subsidiary?
- Every substantial breach under Article 1191 first requires the same subsidiary action.
- A claimant may use it without any injury.
- It is always available despite a complete alternative means of reparation.
- It cannot be instituted unless the injured party has no other legal means to obtain reparation.
- It automatically transfers every debtor asset to the claimant.
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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