Practice question
A debtor knows that the action on an old civil debt has prescribed and freely pays it without coercion or mistake. He later seeks restitution solely because the creditor could no longer sue. Which is correct?
- Prescription alone requires repayment to the debtor
- The payment is always void
- Article 1424 permits retention of the voluntary payment
- The creditor can now compel every other prescribed debt
- The payment is automatically a loan to the creditor
Legal references
- Civil Code, Article 1424: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360
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