Practice question
The original injured party assigns the relevant interest after a nonmutual instrument mistake. The assignee seeks reformation under 1368 and satisfies other requirements. Is original-party status an absolute bar?
- Yes; assigns are expressly forbidden.
- No; the article expressly includes the injured party’s assigns.
- Only the wrongdoer can transfer any interest.
- The instrument automatically disappears on assignment.
- Only physical presence at typing controls standing.
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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