Practice question
The entire solidary obligation was validly paid and extinguished. A debtor sued again invokes that obligation-derived defense. The creditor says 1222 limits every defense to one internal share. Which is correct?
- Every defense is always restricted to one-third.
- A defense derived from the nature of the extinguished obligation is not confined merely because another category has a share limitation.
- Payment never extinguishes a solidary obligation.
- Only the original payer can ever mention extinction.
- The creditor may recover the paid whole indefinitely.
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
Answer this question in flashcards to review your response and continue practicing.