Practice question
In an unsecured sale governed by Article 1484, a seller sends a surrender demand that is ignored and then sues for fulfillment. The buyer relies solely on the letter as proof that cancellation was already effectively exercised. What is the sound response?
- The court must examine actual exercise; the ignored demand alone does not establish the asserted election
- The letter automatically cancels every sale
- A demand letter transfers all buyer assets
- The buyer’s allegation conclusively proves cancellation
- A seller can always collect after effective cancellation
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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