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Philippine Bar review · Question

Practice question: Effects of Loss of Thing Sold

Multiple Choice Medium

Practice question

Ownership of identified goods validly passed to the buyer, actual delivery has not occurred, and no contrary agreement or exception applies. The goods perish fortuitously. Which ordinary 1504 allocation applies?
  1. Seller risk automatically in every case until physical handover.
  2. Only the broker’s preference matters.
  3. The buyer can privately reverse the earlier transfer.
  4. Buyer risk despite absence of actual delivery.
  5. The contract necessarily never existed.

Legal references

  • Civil Code Articles1306,1475,1482,1490-1492,1504,1522-1523 and1589-1590: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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