Philippine Bar review · Topic
Mistake of Law as Basis for Solutio Indebiti
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Practice questions
- Article 2155 recognizes possible solutio indebiti when payment results from what legal mistake?
- Does Article 2155 mean every claim of ignorance of law automatically excuses compliance with legal duties?
- Besides the qualifying mistake, what must the claimant establish under Article 2154?
- A payer misconstrues a genuinely difficult legal provision and, because of that error, pays a sum the recipient had no …
- A payer was in doubt whether a debt was due and later proves it was not due. What does Article 2156 provide?
- A lessee consistently believes a rental increase is invalid, protests it from the start, but deliberately pays while it…
- A payer proves a genuine difficult-law misunderstanding but the court finds that, correctly applying the law, the exact…
- Reconcile Article 3's ignorance-of-law rule with Article 2155's legal-mistake provision.
- Explain why a subsequent judicial ruling against a charge does not, without examining the facts, prove that earlier pay…
- State what must be proved for a refund based on Article 2155, and distinguish the payer-in-doubt situation covered by A…
- For Article 2155, must the legal misunderstanding have caused the payment, rather than merely be discovered in an unrel…
- Does an accountant’s addition error, without any misunderstanding of law, become a mistake of law merely because the su…