Philippine Bar review · Question

Practice question: Estoppel

Multiple Choice Hard

Practice question

A private owner allows another to assume apparent ownership of a movable for a transfer. The owner receives the sum secured by a pledge that the apparent owner grants to a pledgee acting in good faith and for value. The owner then invokes personal title to defeat the pledge. Which rule applies?
  1. Article 1438 prevents the owner from defeating that pledge on the stated facts
  2. Every pledge is void whenever the pledgor lacks title
  3. Receiving the proceeds is irrelevant in every case
  4. The pledgee automatically owns every asset of the owner
  5. The owner may defeat the pledge solely because it was inconvenient

Legal references

  • Civil Code Articles 1431–1439: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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