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Philippine Bar review · Question

Practice question: Effect of Good Faith of the Payee

Multiple Choice Medium

Practice question

Believing a payment satisfies a legitimate subsisting claim, a good-faith creditor allows that claim to prescribe in reliance on it. The Article 2162 requirements are proved. Does this ground require surrender of a pledge as well?
  1. Yes, a second mistaken payment is required
  2. Yes, every listed event must occur cumulatively
  3. Yes, only pledges are relevant
  4. Yes, prescription is expressly excluded
  5. No; allowing prescription is a separately listed reliance event

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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