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Philippine Bar review · Question

Practice question: Confusion

Multiple Choice Medium

Practice question

A merger occurs only in the person of a guarantor. The creditor and principal debtor remain distinct, and no other extinguishing event occurs. Under Article 1276, does this merger alone extinguish the principal obligation?
  1. No; confusion in a guarantor does not extinguish the principal obligation.
  2. Yes, every accessory merger always cancels the principal.
  3. Yes, if the principal debtor asks.
  4. Yes, because a guaranty is the principal debt itself.
  5. Yes, because creditor consent can never matter in any transaction.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 1276.

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