Philippine Bar review · Question

Practice question: Extinguishment

Multiple Choice Medium

Practice question

A creditor voluntarily accepts land in payment of the principal debt. The creditor later loses the land through eviction. Under Article 2077, what is the result for the guarantor?
  1. The guarantor always becomes owner of the land.
  2. The guarantor automatically owes twice the debt.
  3. The guarantor's liability always revives merely because of eviction.
  4. The guarantor must finance all the creditor's other cases.
  5. The guarantor is released despite the later eviction.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 2077.

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