Philippine Bar review · Question

Practice question: Commodatum

Multiple Choice Hard

Practice question

A borrowed sculpture is delivered with appraisal of its value. No clause exempts the bailee for fortuitous loss. It is later destroyed by a truly fortuitous event despite proper use. What special Article1942 rule applies?
  1. The appraisal circumstance makes the bailee liable for the loss
  2. Proper use necessarily eliminates every statutory exception
  3. Appraisal automatically makes the transaction a sale
  4. The bailor must pay the bailee the appraised value
  5. Appraisal never affects commodatum risk

Legal references

  • Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1942(2),(3),(5),1943–1945,1949–1952.

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