Philippine Bar review · Question

Practice question: Unjust Enrichment

Multiple Choice Hard Jurisprudence

Practice question

A recipient acquires a specific sum at the claimant’s expense, with no gift, debt, contract or other just or legal ground. These facts are duly proved. The recipient says retention is always lawful because no bilateral contract was signed with the claimant. Which is correct?
  1. Article 22’s return duty can arise from the proved unjust acquisition without a bilateral contract
  2. Only a signed agreement can ever create restitution
  3. The recipient may select any nonexistent debt as justification
  4. Possession always defeats the claimant
  5. The claimant must first sell the recipient another item

Legal references

  • Civil Code, Article 22: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

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