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?
- The determinate delivery obligation is extinguished on these established facts
- The debtor remains liable solely because every loss is presumed irrebuttably negligent
- The generic-thing rule necessarily requires delivery of any sculpture
- The creditor automatically becomes owner of the debtor's entire estate
- 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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