Philippine Bar review · Question

Practice question: Legal and Conventional Subrogation

Multiple Choice Easy

Practice question

For the preferred-creditor payment case in Article1302(1), is the debtor’s knowledge indispensable?
  1. No; the provision expressly covers payment without that knowledge
  2. Yes, without exception
  3. Yes, and notarized consent is always required
  4. Yes, and a new debtor must be appointed
  5. Yes, and all heirs must approve

Legal references

  • Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1300–1303.
  • Licaros v Gatmaitan GR142838 August9,2001 MAIN: https://lawphil.net/judjuris/juri2001/aug2001/gr_142838_2001.html Conventional subrogation distinguished from assignment.

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