Practice question
A lender demands only conventional interest allegedly agreed orally on a loan. No written interest stipulation exists, and damages interest is outside the question. Does autonomy alone supply the missing Article1956 requirement?
- No; conventional interest must be expressly stipulated in writing
- Yes; oral preference always defeats Article1956
- Yes; any loan automatically earns the orally asserted rate
- Yes; a lender’s private notes always bind the borrower
- Yes; the borrower’s silence creates every claimed rate
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1171,1229,1306,1956,2088,2130.
- GR126800 November29,1999 MAIN: https://lawphil.net/judjuris/juri1999/nov1999/gr_126800_1999.html — Article1306 and prohibited automatic appropriation.
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