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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

After an action to enforce a civil obligation has failed, the defendant nevertheless voluntarily delivers the promised instrument to the claimant. The stipulated case falls within Article1428 and involves no coercion or other recovery ground. May the defendant demand its return solely because the action failed?

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No; Article1428 permits retention after voluntary performance Yes; failure of the suit always nullifies a later voluntary delivery Yes; every delivery must be court-ordered Yes; instruments are excluded from natural obligations

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