Philippine Bar review · Question

Practice question: With a Period

Multiple Choice Medium

Practice question

An agreement fixes repayment on December 1 for both parties' benefit. Before that date the debtor mistakenly believes the debt is already due and pays. No contrary special circumstance is present. What does Article 1195 permit?
  1. Recovery of the premature payment with fruits and interests
  2. Automatic forfeiture of every payment regardless of mistake
  3. The creditor's permanent immunity from restitution
  4. Cancellation of every unrelated debt
  5. Only an apology, never recovery

Legal references

  • Civil Code Articles 1180 and 1193–1198: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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