Practice question
A solidary debtor voluntarily pays only after the civil obligation has legally prescribed. Prescription and absence of any distinct reimbursement agreement are established. He claims ordinary reimbursement from co-debtors under solidarity alone. Which is sound?
- Payment after prescription always creates automatic contribution rights.
- Article 1218 denies that reimbursement on the stated facts.
- Prescription necessarily proves all co-debtors agreed to a new promise.
- The payer can revive every other person’s debt unilaterally.
- The creditor’s receipt automatically erases the statutory limitation.
Legal references
- Revised Penal Code, Articles 109-110, apportioned shares and recourse: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426
- Civil Code, Articles 774-776, 1216-1220, 1231-1238, 1288 and 1292, as particularly relevant: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
Answer this question in flashcards to review your response and continue practicing.