Practice question
Nina makes an absolute conveyance to Olan solely to secure performance of Nina’s obligation. At maturity Nina offers the required full performance. Assuming Article1454 and no competing protected rights, may Olan refuse reconveyance merely because the deed looks absolute?
- No; Nina may demand reconveyance under the statutory trust rule
- Yes; the written form always defeats the established security purpose
- Yes; only Olan may decide whether Nina performed
- Yes; the obligation necessarily became a donation
- Yes; all security conveyances are automatically testamentary
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1445–1451,1453–1454.
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