Philippine Bar review · Question

Practice question: Fortuitous Event

Multiple Choice Medium

Practice question

A promised antique table suffers a small repairable scratch. The debtor insists that any physical impairment automatically extinguishes the duty. What is the correct approach under Article1264?
  1. Assess whether the partial loss is important enough under the circumstances
  2. Treat any scratch as automatic complete discharge
  3. Always transfer every debtor asset to the creditor
  4. Ignore all surrounding circumstances
  5. Automatically classify the creditor as in delay

Legal references

  • Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1174,1262,1264–1269.

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