Practice question
A decree requires both parties to restore what they received. A refuses to restore the price but seeks immediate compulsory return of the thing from B. No separate exception applies. What does Article1402 provide?
- B cannot be compelled while A fails to make the required restitution
- A may compel B while keeping everything
- Restitution duties disappear automatically
- B necessarily acquires all A’s property
- Only A can choose whether the decree binds anyone
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1391,1394–1402.
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