Practice question
A guarantor voluntarily pays while the principal is solvent, without judicial demand. No other 2073 qualifying fact exists. The payer asserts that article automatically applies despite its final qualification. Which is best?
- The stated 2073 applicability condition has not been established; other possible remedies require their own basis.
- Every voluntary payment necessarily equals judicial demand.
- The article has no qualification.
- The payer may privately declare the principal insolvent.
- No payer can ever have any legal remedy whatsoever.
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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