Philippine Bar review · Question

Practice question: Pure

Multiple Choice Hard

Practice question

A signed undertaking contains no calendar date. Evidence establishes that both parties intended delivery only after a reasonable preparation interval, but they never fixed its duration. The creditor calls it pure and sues for immediate delivery solely because the date field is blank. Which answer best applies the Code?
  1. A blank date conclusively makes the obligation pure
  2. The court must consider the intended period; Article 1197 permits fixing its duration where the nature and circumstances show a period was intended
  3. Every undated obligation is void
  4. The debtor alone may choose never to perform
  5. A future preparation interval is always an impossible condition

Legal references

  • Civil Code Articles 1169, 1179–1180 and 1193–1197: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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