Philippine Bar review · Topic
Distinguished from Accion In Rem Verso
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Practice questions
- Does a solutio indebiti claim require proof that the recipient negligently caused the payer’s error?
- A payer proves delivery of an amount that had never been owed. The recipient argues that the payer must always produce …
- Two persons jointly receive a mistaken transfer, with every element of undue payment proved and no special defense. One…
- A proved mistaken payment of a debt already discharged is received by two payees. They invoke Article 22 to demand that…
- A claimant proves only one mistaken undue transfer and has a complete Article 2154 remedy. The claimant argues that acc…
- A transfer was never due, but the recipient contests mistake. Explain the presumption and rebuttal under Article 2163 a…
- Explain why two recipients of a proved undue payment cannot avoid Article 2157 by insisting that the claim be treated e…
- Distinguish fault-based liability from the recipient’s restitution obligation for a mistaken undue transfer.