Practice question
In valid delegación, insolvency existed and was publicly known at substitution, though the old debtor personally denies knowledge. All 1295 exception facts are established. Must the creditor additionally prove the old debtor’s personal knowledge as the sole possible route?
- No; existing public knowledge is an express alternative.
- Yes; public knowledge can never matter.
- Only later insolvency is included.
- The creditor must ignore the statutory alternative.
- Every debtor may erase public facts by denying them.
Legal references
- Civil Code Articles748,1236-1237,1270-1299 and1302: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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