Practice question
A student argues that an obligation cannot exist unless the creditor has already obtained judgment. Explain the error using a valid loan repayment duty, without assuming that the creditor has filed suit.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1156–1159 and1423.
- https://lawphil.net/judjuris/juri2015/jan2015/gr_167519_2015.html — Wellex Group v U-Land Airlines, GR 167519, January 14 2015, main opinion: prestation as required conduct.
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