Practice question
A donor pays a debtor’s creditor without intending reimbursement. The creditor accepts payment. The debtor has not accepted the donation. Does Article 1238 make the accepted payment invalid as to the creditor solely for that reason?
- Yes, all accepted payments vanish
- Yes, the debtor’s donation issue controls every third-party effect
- Only if no witness exists
- No; the article makes payment valid as to the accepting creditor while separately requiring debtor consent to the donation
- The donor automatically becomes mortgagee
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
Answer this question in flashcards to review your response and continue practicing.