Philippine Bar review · Question

Practice question: Extinguishment

Multiple Choice Easy

Practice question

Does full valid payment of the only principal debt ordinarily leave an accessory guaranty collectible for that same unpaid principal?
  1. No;2076 links extinction to the debtor’s obligation.
  2. Yes; a guarantor must always pay the principal twice.
  3. Only the document’s ink decides.
  4. The guaranty automatically creates a new unrelated debt.
  5. Payment never affects any guaranty.

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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