Philippine Bar review · Question

Practice question: Distinguished from Accion In Rem Verso

Multiple Choice Easy

Practice question

Does a solutio indebiti claim require proof that the recipient negligently caused the payer’s error?
  1. Yes, only negligent recipients return money
  2. Yes, negligence is always indispensable
  3. No; that is not an element stated in Article 2154
  4. Yes, the payer must prove a traffic offense
  5. Yes, recipient fault replaces proof of undue delivery

Legal references

  • Civil Code, Articles 22, 1157, 1160, 2142-2169 and 2176: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • University of the Philippines v. Philab Industries, Inc., G.R. No. 152411, September 29, 2004, MAIN decision: https://lawphil.net/judjuris/juri2004/sep2004/gr_152411_2004.html

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