Practice question
A repair contractor fails to perform a nonpersonal repair obligation that can properly be completed by another. Under Article 1167, which remedy is authorized?
- The creditor must personally imprison the contractor.
- The debt is extinguished automatically without consequences.
- The work may be executed at the contractor’s cost, subject to lawful enforcement.
- The contractor necessarily acquires ownership of the equipment.
- Only a public auction of the creditor’s property is permitted.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1165–1174,1191–1192,1381,1383.
- https://lawphil.net/judjuris/juri2015/jan2015/gr_167519_2015.html — Wellex Group v U-Land Airlines, GR 167519, January 14 2015, main opinion: Article 1191 resolution as principal remedy.
- https://lawphil.net/judjuris/juri2015/dec2015/gr_202947_2015.html — ASB Realty Corporation v Ortigas & Company Limited Partnership, GR 202947, December 9 2015, main opinion: substantial breach and distinction of rescission contexts.
Answer this question in flashcards to review your response and continue practicing.