Philippine Bar review · Question

Practice question: Obligatory Force

Multiple Choice Hard

Practice question

The injured party first chooses fulfillment of a reciprocal obligation, but fulfillment later becomes impossible. It then seeks resolution under Article 1191. The other party says the first choice creates an unconditional permanent bar. Which is correct?
  1. Article 1191 expressly permits later resolution in the stated impossibility setting
  2. The first choice always eliminates every later remedy
  3. The injured party must perform the impossible
  4. The debtor may choose a new creditor
  5. Only an executor may seek resolution

Legal references

  • Civil Code, Articles 1159,1191,1249,1308,1314-1316,1319,1322-1326,1933-1934,1962 and1980: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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