Practice question
After an unsuccessful action to enforce a civil obligation, the defendant nevertheless voluntarily performs it. What does Article 1428 provide?
- Every delivered item must automatically be returned
- The plaintiff gains an unlimited new cause of action
- The defendant can always charge for a service just performed
- The defendant cannot demand return of the delivery or payment of the value of the voluntarily rendered service under this provision
- The failed action becomes a criminal conviction
Legal references
- Civil Code, Article 1428: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360
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