Practice question
A debtor’s duty to deliver a specific item is lawfully extinguished by its loss. The debtor has an existing cause of action against a third person by reason of that loss. The creditor invokes Article1269. Which statement is correct?
- The creditor has the debtor’s rights of action against that third person by reason of the loss
- The third person is automatically immune
- The creditor acquires every unrelated claim of the debtor
- The extinguished delivery obligation automatically revives
- The creditor must first purchase the cause of action under a new contract
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1174,1262,1264–1269.
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