Practice question
The sole principal obligation is fully paid and validly extinguished. The creditor admits this but demands the same principal again from the guarantor solely because the guaranty is a separate signed paper. Which is correct?
- The separate paper does not itself recreate the extinguished secured principal under 2076.
- Every signed guaranty mandates duplicate payment.
- Payment extinguishes only the debtor’s moral duty.
- The creditor may revive the debt by demand alone.
- The guarantor automatically owes double.
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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