Philippine Bar review · Question

Practice question: Loss of the Thing Due

Multiple Choice Hard

Practice question

A criminal-offense debtor properly offers the particular thing to the person entitled to receive it, who refuses without justification. The thing is then lost fortuitously without debtor fault or delay. The creditor says Article 1268 allows no exception whatever. Which is correct?
  1. Article 1268 expressly excepts the stated unjustified refusal after the debtor’s offer; the other governing loss requirements must still be applied
  2. Criminal origin always eliminates every exception
  3. The creditor’s refusal can never matter
  4. The offer automatically transfers unrelated property
  5. Only a verbal apology is relevant

Legal references

  • Civil Code, Articles 1209-1210,1223-1230,1238-1243,1266-1268 and1423-1430: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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