Practice question
A creditor commits an act that is proved to prevent guarantors from being subrogated to the creditor's rights, mortgages and preferences. No effective waiver or other qualification defeats Article 2080's application. One guarantor is solidarily bound, and the creditor says solidarity alone excludes the statutory release. Which answer is correct?
- Article 2080 never applies to solidary guarantors.
- The lost subrogation rights are always irrelevant.
- Article 2080 expressly includes guarantors even though solidary, so solidarity alone does not defeat its release rule.
- The guarantors must pay an additional penalty merely for invoking the provision.
- The creditor's act automatically transfers every guarantor's assets.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 2080.
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