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Philippine Bar review · Question

Practice question: Obligations of the Depositary and of the Depositor

Multiple Choice Hard

Practice question

A closed sealed package is forcibly opened through the depositary’s fault. The depositor claims a very high value, and the depositary argues the court can never question that claim. No contrary valuation proof yet exists. Which Article1981 analysis is correct?
  1. The statement may be accepted under the rule, but the court may assess its credibility
  2. The court must accept any claim without examining credibility
  3. The depositary’s fault automatically makes the contents worthless
  4. Only the broken seal’s price can ever be recovered
  5. The forced opening transfers the contents to the depositary

Legal references

  • Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1976,1981–1984.

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