Practice question
Two persons jointly receive a mistaken transfer, with every element of undue payment proved and no special defense. One says that the claimant must abandon Article 2157 and use only accion in rem verso. Which response is correct?
- Article 2157 requires a prior written repayment contract
- The auxiliary action erases every named quasi-contract
- Multiple payees always defeat recovery
- Only a criminal case can establish repayment
- The specific undue-payment obligation and its solidary rule govern
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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