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Philippine Bar review · Question

Practice question: Pure

Multiple Choice Medium

Practice question

A pure obligation to deliver a specified fruit-bearing asset arises now. Fruits accrue before actual delivery; no contrary rule applies. Does absence of delivery alone erase 1164’s personal fruit entitlement?
  1. Yes; fruits can never be owed before delivery.
  2. The creditor automatically owns every neighboring asset instead.
  3. Only the debtor’s later preference controls.
  4. No; distinguish that entitlement from the real right awaiting delivery.
  5. All fruits necessarily belong to the State.

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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