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Philippine Bar review · Question

Practice question: Fortuitous Event

Multiple Choice Medium

Practice question

A debtor owing delivery of a specific painting is already legally in delay when an unavoidable accidental fire destroys it. Which provision directly prevents reliance on the ordinary fortuitous-loss excuse?
  1. Article 1165, which places responsibility for fortuitous events on an obligor in delay until delivery
  2. A rule that every accident ends liability
  3. A rule that paintings are always generic
  4. A rule that delay is irrelevant to loss
  5. A rule requiring the creditor to buy another painting

Legal references

  • Civil Code Articles 1165, 1170–1174 and 1262–1263: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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