Philippine Bar review · Question

Practice question: Conditional; Kinds of Conditions

Multiple Choice Hard

Practice question

A resolutory condition extinguishing an obligation to give occurs. Both parties received performances under it and 1190 applies. One insists only the other must restore anything. Which is best?
  1. Only the richer party may retain everything.
  2. The provision calls for return to each other of what they received.
  3. Resolutory conditions never involve restitution.
  4. The claimant may choose which statute exists.
  5. Every received thing automatically becomes public property.

Legal references

  • Civil Code Articles1163-1166,1170,1179,1188-1190,1196-1198,1200-1205 and1211-1222: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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