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?
- Yes; fruits can never be owed before delivery.
- The creditor automatically owns every neighboring asset instead.
- Only the debtor’s later preference controls.
- No; distinguish that entitlement from the real right awaiting delivery.
- 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
Answer this question in flashcards to review your response and continue practicing.