2013 (Civil Law) Bar Exam Questions: Multiple Choice Question 2

[Discuss/answer the question below. Or see Civil Law Instructions; Civil Law Instructions; Civil Law Essay Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10; Civil Law Multiple Choice Questions: 13, 4, 5, 6, 7, 8, 9 and 10; See also 2013 Bar Exam: Information, Discussions, Tips, Questions and Results]

II.

A, B, C and D are the solidary debtors of X for P40,000. X released D from the payment of his share of P10,000. When the obligation became due and demandable, C turned out to be insolvent.

Should the share of insolvent debtor C be divided only between the two other remaining debtors, A and B? (1%)

(A) Yes. Remission of D’s share carries with it total extinguishment of his obligation to the benefit of the solidary debtors.

(B) Yes. The Civil Code recognizes remission as a mode of extinguishing an obligation. This clearly applies to D.

(C) No. The rule is that gratuitous acts should be restrictively construed, allowing only the least transmission of rights.

(D) No, as the release of the share of one debtor would then increase the burden of the other debtors without their consent.

3 comments

  1. Naguluhan ako dito dahil sa choices na parang hindi responsive sa tanong…

    afaik, D is released only with respect to the payment of his share (P10k) and since C became insolvent, D can be compelled to pay the share of insolvent C (10k) which will be divided in proportion to the share of each remaining debtor – A, B and D…

    so No ang sagot ko pero yung reasons sa choices C and D parang ewan. anyways, i answered C.

  2. wait, parang na-gets ko na at D yung pinaka-acceptable na sagot.

    kasi insolvent na si C at dahil doon, nadagdagan ng burdens/shares nina A (P13.3k), B(13.3k) and D (3k).

    so mali ang sagot ko na C.

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