Practice question
A flood destroys a thing while in the debtor’s possession. Does Article 1265 automatically presume debtor fault solely from possession in this natural-calamity case?
- Yes, irrebuttably
- Yes, even without considering the exception
- No; the article’s possession-based presumption does not apply to the specified natural calamities, though other liability facts may matter
- No debtor can ever be liable for any flood loss
- The creditor automatically becomes negligent
Legal references
- Civil Code, Articles 1262 and 1265: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360
Answer this question in flashcards to review your response and continue practicing.