Practice question
A guarantor proves reasonable grounds to fear absconding under 2071 but has paid nothing. It demands reimbursement of the whole debt as though payment occurred. Which distinction matters?
- Fear automatically proves full payment.
- The pre-payment article provides release or protective security, not automatic reimbursement of an unspent debt.
- Every protective action transfers the entire debt to the guarantor.
- The principal must pay any invented amount.
- No security can ever be ordered.
Legal references
- Civil Code Articles2052,2056-2057,2066,2071-2084 and2126-2130: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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