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Philippine Bar review · Question

Practice question: With a Period

Multiple Choice Hard

Practice question

The period is expressly solely for the debtor’s benefit. The creditor demands premature performance based only on 1196’s default presumption, ignoring the proved contrary terms. No 1198 ground exists. Which is correct?
  1. The presumption yields to the established sole-benefit terms.
  2. A default presumption always overrides express contrary terms.
  3. The creditor may erase every period by demand alone.
  4. Only the judge’s calendar preferences matter.
  5. A period can never benefit one party alone.

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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