Practice question
A valid principal debt is secured by a guaranty. Through a valid transaction the creditor and principal debtor characters merge in the same person. The former creditor insists that the guarantor must still pay the full extinguished principal debt solely because the guaranty was separately signed. Which conclusion follows from Articles 1275–1276?
- A separate signature always makes the guaranty independent of the principal.
- Confusion never benefits a guarantor.
- Merger extinguishes the principal obligation and benefits the guarantor under Article 1276.
- The guarantor must automatically pay double.
- The guarantor becomes the principal creditor by default.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 1275–1276.
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