Philippine Bar review · Question

Practice question: With a Period

Multiple Choice Medium

Practice question

A debtor supplies exactly the promised valid security on time. The creditor invokes 1198(2) solely because it now prefers a different asset, with no impairment or other ground. Which is best?
  1. Every new preference proves nonperformance retroactively.
  2. The creditor may redefine the past promise unilaterally.
  3. Only the asset’s paint decides compliance.
  4. No debtor may ever furnish security.
  5. A new preference alone does not establish failure to furnish the promised security.

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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