Practice question
After the head lessee defaults, a sublessee attempts to defeat the owner’s rent claim by prepaying many future installments to the sublessor. The advance is not supported by local custom. What does Article 1652 provide as to the lessor’s claim?
- Any advance payment necessarily defeats the owner
- A secret advance always releases all parties
- Only the sublessor can determine the effect
- Advance rents are deemed not made for that claim unless paid under the custom of the place
- The lessor automatically takes ownership of the sublessee’s unrelated assets
Legal references
- Civil Code, Article 1652: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360
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