Philippine Bar review · Question

Practice question: Payment or Performance

Multiple Choice Easy Jurisprudence

Practice question

May a debtor force a creditor to accept a different thing solely because it is more valuable than the specific thing due?
  1. Yes, greater value always controls
  2. Yes, if the debtor prefers it
  3. Only the debtor’s appraisal matters
  4. No, Article 1244 preserves the agreed identity of the prestation
  5. Yes, if the substitute is new

Legal references

  • Civil Code, Article 1244: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

Answer this question in flashcards to review your response and continue practicing.