Practice question
An assignee of an unsecured installment seller validly exercises cancellation after two unpaid installments, then invokes its separate corporate identity to sue for the same remaining price as fulfillment. Resolve the asserted justification.
- The separate identity does not permit cumulative cancellation and fulfillment
- Assignment creates a second purchase price
- The buyer must pay twice
- Cancellation binds only natural persons
- Corporate personality repeals Article 1484
Legal references
- Civil Code, Articles1484-1486,1544 and1595-1599: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- Borbon II v. Servicewide Specialists, Inc., G.R. No.106418, July 11, 1996, MAIN decision: https://lawphil.net/judjuris/juri1996/jul1996/gr_106418_1996.html
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