Philippine Bar review · Question

Practice question: Loss of the Thing Due

Multiple Choice Easy Jurisprudence

Practice question

When does loss of a determinate thing ordinarily extinguish the delivery obligation under the first paragraph of Article 1262?
  1. Whenever the debtor prefers not to perform
  2. Only after a creditor pays the debtor
  3. Even after the debtor intentionally destroys it
  4. Without debtor fault and before delay, subject to applicable exceptions
  5. Only if another generic item exists

Legal references

  • Civil Code, Article 1262: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

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