Practice question
A private document recording a debt is found in the debtor's possession. The creditor presents convincing evidence that it was stolen rather than voluntarily delivered. The debtor argues that Article 1272 conclusively proves voluntary surrender despite that evidence. Which is correct?
- The presumption can never be rebutted.
- Article 1272's presumption is rebuttable, so the contrary evidence can defeat it.
- Possession necessarily creates a new debt.
- The creditor must forgive every other loan too.
- A stolen private document automatically becomes a public instrument.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 1272.
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