Philippine Bar review · Question

Practice question: Fortuitous Event

Multiple Choice Hard

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?
  1. The creditor has the debtor’s rights of action against that third person by reason of the loss
  2. The third person is automatically immune
  3. The creditor acquires every unrelated claim of the debtor
  4. The extinguished delivery obligation automatically revives
  5. 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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