Practice question
A demandable loan has no clause dispensing with demand, and no statutory or factual exception applies. The creditor sends a letter clearly requiring repayment, which the debtor receives. Is the letter incapable of producing delay merely because no suit has yet been filed?
- Yes, only a lawsuit can constitute demand
- No, extrajudicial demand is recognized by Article 1169
- Yes, because all demand letters must first be approved by a court
- Yes, because delay requires imprisonment
- No, because a letter automatically proves every claimed amount
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Articles 1155, 1169–1170.
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