Practice question
A creditor specifically required and stipulated that named Rosa be the guarantor. Rosa later becomes insolvent. The creditor invokes only Article2057’s general replacement rule, with no other contractual or legal basis. What qualification matters?
- Article2057 expressly excepts the stipulated specified-person case
- The specified name always erases the exception
- The debtor automatically owes twice the principal
- Rosa’s insolvency necessarily transfers title to the creditor
- Every specified guarantor is conclusively solvent
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1236–1237,2048,2050–2051,2055–2057.
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