Practice question
Under a legal-bond setting where 2057 applies, the guarantor becomes insolvent. The creditor previously required and stipulated that very specified person, bringing the case within 2057’s stated exception. No independent mandatory replacement rule applies. Which is best?
- The specified-person exception must be considered rather than asserting an unqualified 2057 replacement right.
- Every exception is automatically irrelevant.
- The creditor may erase the previous stipulation by denying it.
- Named-person status necessarily makes every debt paid.
- No creditor may ever demand another guarantor in any case.
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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