Practice question
A guarantor invokes a defense derived from the actual extinguished debt; another argument is stipulated purely personal to the principal. It claims 2081 treats both identically. Which is best?
- Every personal defense is automatically inherent in the debt.
- The article distinguishes inherent debt defenses from purely personal principal defenses.
- No debt defense can ever apply.
- Only the creditor’s preference controls categorization.
- The guarantor may invent any defense without facts.
Legal references
- Civil Code Articles2052,2056-2057,2066,2071-2084 and2126-2130: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
Answer this question in flashcards to review your response and continue practicing.