Practice question
A creditor under a presently due pure delivery obligation claims a personal fruit entitlement and also claims 1164 made delivery unnecessary to acquire the real right. Which is correct?
- Both effects necessarily occur identically at promise alone.
- The personal claim may arise while the real right still requires delivery under the stated rule.
- Neither effect can ever exist.
- Only the creditor’s preferred label controls delivery.
- A fruit claim automatically transfers all ownership rights.
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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