Philippine Bar review · Question

Practice question: Personal Property

Multiple Choice Medium

Practice question

In an unsecured installment sale governed by Article 1484, the seller has effectively cancelled the sale after the requisite defaults. May it also demand the entire unpaid price as fulfillment of that same sale?
  1. No; that would combine inconsistent alternative remedies
  2. Yes, cancellation always accelerates the price
  3. Yes, because the sale is unsecured
  4. Yes, if the demand is oral
  5. Yes, if the buyer objects

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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