Practice question
Lina, a creditor, pays a creditor whose established claim is preferred over hers. The debtor was away and unaware. Assuming Article1302(1) applies, which objection fails?
- That legal subrogation is impossible solely because the debtor was unaware
- That the preferred claim must actually exist
- That Lina must have paid the other creditor
- That creditor preference must be established
- That the parties’ actual circumstances matter
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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