Philippine Bar review · Question

Practice question: Negotiorum Gestio

Multiple Choice Hard

Practice question

An officious manager refuses to return property after the owner demands it. A fortuitous event then destroys the property. The manager invokes the absence of negligence as a complete defense. What Article 2147 issue defeats that categorical position?
  1. Failure to return after demand is an express basis for fortuitous-event liability
  2. Every manager is immune from all losses
  3. Only fire can trigger liability
  4. The demand makes the owner a donor
  5. The owner’s demand is legally irrelevant

Legal references

  • Civil Code, Articles 22, 1157, 1160, 2142-2169 and 2176: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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