Philippine Bar review · Question

Practice question: Loss of the Thing Due

Multiple Choice Medium

Practice question

A valid service undertaking later becomes legally impossible because of the obligor’s own established misconduct. The obligor invokes Article 1266 solely by naming the new legal prohibition. Which is correct?
  1. Every prohibition automatically erases fault
  2. The debtor may create an excuse by misconduct
  3. Only the contract’s paper size matters
  4. The absence-of-fault condition must still be met; self-caused impossibility is not automatically a release
  5. No legal impossibility can ever matter

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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