Philippine Bar review · Question

Practice question: Fortuitous Event

Multiple Choice Medium

Practice question

A storm destroys a thing while in the debtor’s possession. Does the Article1265 natural-calamity exception, standing alone, conclusively establish extinction of the obligation?
  1. No; removal of that presumption does not itself establish all requirements or eliminate exceptions
  2. Yes; it conclusively proves every legal requirement
  3. Yes; it cancels every risk-assumption stipulation
  4. Yes; it prevents proof of actual negligence
  5. Yes; it eliminates all relevant delay questions

Legal references

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

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