Log In Create Account

Philippine Bar review · Question

Practice question: Nature and Extent

Multiple Choice Hard

Practice question

A debtor owes P300,000 under specified conditions. A guaranty purports to bind the guarantor for P500,000 on more onerous terms, without a separate independent obligation. The creditor insists the guaranty must be enforced to its full stated excess. What does Article 2054 provide?
  1. The guarantor's obligation is reduced to the principal debtor's limits
  2. The excess necessarily remains enforceable solely because written
  3. The principal debt automatically increases to match the guaranty
  4. The guarantor automatically owns the debtor's business
  5. All lesser guaranties are forbidden

Legal references

  • Civil Code Articles 2047–2057: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

Answer this question in flashcards to review your response and continue practicing.