Practice question
After an action to enforce a civil obligation has failed, the defendant nevertheless voluntarily delivers the promised instrument to the claimant. The stipulated case falls within Article1428 and involves no coercion or other recovery ground. May the defendant demand its return solely because the action failed?
- No; Article1428 permits retention after voluntary performance
- Yes; failure of the suit always nullifies a later voluntary delivery
- Yes; every delivery must be court-ordered
- Yes; instruments are excluded from natural obligations
- Yes; performance needs a second judgment
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles46,1156,1349,1423–1424,1428.
Answer this question in flashcards to review your response and continue practicing.