Practice question
While title litigation remains pending before the court within his judicial territory, a judge agrees to take an assignment of a litigant’s disputed property rights as payment for a private debt. He says no cash changes hands, so Article 1491(5) cannot apply. Which is best?
- Only cash acquisition is prohibited
- The express inclusion of assignment defeats that categorical cash-only argument
- An existing private debt automatically authorizes the acquisition
- Every judicial conflict can be cured by calling the transfer payment
- Only the debtor’s consent decides the judge’s legal capacity
Legal references
- Civil Code Article 1491(5): https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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