Practice question
A supplier has an obtainable action under a valid contract for the exact unpaid amount but prefers to invoke accion in rem verso as if no remedy existed. What is the objection?
- The action's subsidiary requirement is absent
- Every contractual creditor is forbidden to sue at all
- The buyer automatically receives a donation
- Contractual payment is always unjust enrichment
- The supplier must sue a stranger instead
Legal references
- Civil Code Articles 22, 2154 and 2163: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- University of the Philippines v. Philab Industries, GR 152411, September 29, 2004, main decision: https://lawphil.net/judjuris/juri2004/sep2004/gr_152411_2004.html
- NPC v. Benguet Electric Cooperative, GR 218378, June 14, 2021, main resolution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/67577
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