Practice question
A contract expressly states that demand is unnecessary for delay upon nonpayment at the agreed due date. A letter drafter assumes Article 1169 always requires a new letter before delay can exist. Is this correct?
- Yes, express terms never matter
- Yes, every default clause is invalid
- No, Article 1169 expressly recognizes an obligation that dispenses with demand
- No, because a letter is always forbidden
- Yes, unless the creditor is a corporation
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Articles 1155, 1169–1170.
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