Philippine Bar review · Question

Practice question: Fortuitous Event

Multiple Choice Hard

Practice question

A debtor undertakes to deliver a specific sculpture, exercises the required care, is not in delay, and has not assumed fortuitous risk by law, valid stipulation or the nature of the obligation. A proven unforeseeable and unavoidable event wholly independent of the debtor destroys it, without the debtor contributing to the loss. Which result follows Articles 1174 and 1262?
  1. The determinate delivery obligation is extinguished on these established facts
  2. The debtor remains liable solely because every loss is presumed irrebuttably negligent
  3. The generic-thing rule necessarily requires delivery of any sculpture
  4. The creditor automatically becomes owner of the debtor's entire estate
  5. The debtor must first promise the same sculpture to another person

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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