Practice question
The creditor initially elects performance, with no clause granting simultaneous performance and penalty. Performance then becomes impossible through the debtor’s fault, without fault of the creditor. The debtor says the original election permanently waived the penalty. Which is correct?
- Article 1227 expressly permits the penalty in that later-impossibility setting
- Every election is an irrevocable waiver regardless of statute
- The creditor must manufacture performance
- The debtor automatically acquires the creditor’s assets
- Only the executor may enforce a penalty
Legal references
- Civil Code, Articles 1209-1210,1223-1230,1238-1243,1266-1268 and1423-1430: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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