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Philippine Bar review · Question

Practice question: Obligations of the Depositary and of the Depositor

Multiple Choice Medium

Practice question

Different customers deposit grain of the same kind and quality. No contrary stipulation applies. May the depositary commingle it under Article1976?
  1. Yes; the depositors then own or have proportionate interests in the mass
  2. No; every commingling is automatically theft
  3. Yes; the depositary becomes sole beneficial owner
  4. Yes; all depositor interests vanish
  5. Only if the grain is first sold to a stranger

Legal references

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

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