Philippine Bar review · Question

Practice question: Definition and Kinds

Multiple Choice Hard

Practice question

During a sudden flood, an owner delivers household valuables to another person for emergency safekeeping and return. No sale or loan is intended. Later the recipient says that because the owner physically chose to deliver them, the deposit cannot be necessary. Which answer follows Article 1996?
  1. Every physically chosen delivery is necessarily voluntary rather than necessary
  2. A deposit occasioned by a flood can be necessary under Article 1996 despite the owner's act of delivery
  3. Every flood transfers ownership to the recipient
  4. Necessary deposits require prior litigation in every case
  5. The owner forfeits the valuables by seeking help

Legal references

  • Civil Code Articles 1962–1969, 1978, 1980, 1996–1998 and 2005–2006: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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