Philippine Bar review · Question

Practice question: Commodatum

Multiple Choice Hard

Practice question

During an emergency, a bailee can save either the borrowed instrument or a personal instrument but not both. The bailee chooses to save the personal instrument and the borrowed one is lost through the event. Which Article1942 conclusion follows?
  1. The bailee is liable under the express preference-for-own-property circumstance
  2. Fortuity necessarily excuses the bailee regardless of that choice
  3. The bailor automatically becomes owner of the saved instrument
  4. The commodatum necessarily becomes a donation
  5. Only ordinary expenses can ever be claimed

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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