Practice question
A delivery obligation is extinguished by qualifying loss of a determinate item. The loss also gives the debtor an actionable claim against the third person responsible. The debtor asserts that extinction allows him to keep every such claim and leaves the creditor with no recourse to it. Which is correct?
- All third-party claims vanish
- The creditor automatically owns every unrelated claim of the debtor
- The debtor’s heirs alone may sue
- Only a criminal prosecutor may use any claim
- Article 1269 gives the creditor the debtor’s rights of action against third persons by reason of that loss
Legal references
- Civil Code, Article 1269: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360
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