Philippine Bar review · Question

Practice question: Compensation

Multiple Choice Hard

Practice question

A debtor consents to assignment but, at that consent, notifies the assignor of an express reservation of compensation rights. Other requirements are met. The assignee says consent always eliminates compensation without exception. Which is correct?
  1. The reservation exception in 1285 must be considered.
  2. Consent always destroys every reservation.
  3. Only an oral rumor after judgment can preserve rights.
  4. The debtor may select any unrelated claim.
  5. The statute has no assignment rule.

Legal references

  • Civil Code Articles748,1236-1237,1270-1299 and1302: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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