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Article 1634-1635Legal redemption of credit in litigation

and

Instances when legal redemption is denied

By: Haban, Joyce Anne F.

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A. price assigned by a third party

B. Interest on the said price from the time the day it

was paid

C. Judicial costs incurred by the

assignee

D. The price paid for the credit or right

In assignment of credit or right in litigation the

debtor is given the right to extinguish theobligation by reimbursing the assignee the

following except:

See article 1634

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A. Statement I is true; Statement II is false

B. Statement I is false; Statement II

is true

C. Both are true

D. Both are false

I. A credit or other incorporeal right shall be

considered in litigation from the time the

complaint is filed

II. When a credit or other incorporeal right in

litigation is sold, the debtor shall have a right to

extinguish it by paying the assignee

See article 1634

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A. within 20 days from the assignees demand

for payment

B. within 30 days from the assignees demand

for payment

C. after 30 days from the assignees demand

for payment

D. none of the above

The period of redemption in legal redemption ofcredit in litigation is:

See article 1634

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A. Yes

B. No

Aileen sues Ana for P100,000, Ana answeredthe complaint, but Aileen sells the credit to

Aby for P50,000 to avoid the delay of

collection. Can Ana redeem the credit from

Aby?

Yes Ana may redeem the credit from Aby bypaying Aby the sum of P50 000 within 30 daysfrom the time Aby demands payment of P100 000

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A. when Aileen filed a complaint against Ana

B. when Ana answered the

complaint

C. when Aileen sells the credit to Aby for

P75,000

D. None of the above

In the preceding question, when does thecredit can be said to be in litigation?

See article 1634

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A. Statement 1 is true; statement II is false

B. Statement 1 is true; statement II is

false

C. Both are trueD. Both are false

I. The assignment or sale made to the

possessor of a tenement or piece of land

which is subject to the right in litigation

assigned shall be excepted from legal

redemption

II. The debtor may exercise his right after 30days from the date the assignee demands

payment

See article 1634 and 1635

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The following are instances when legalredemption is denied except :

A. to a co-heir or co-owner of the right

assignedB. to a creditor in payment of

his creditC. to the person in actual possession of

the assigned goodsD. to the possession of a tenement or piece

of land which is subject to the right in

litigation assigned

See article 1635

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A. a co-heir or co-owner of the right

assignedB. a creditor in payment of his

creditC. the possession of a tenement which is subject

to the right in litigation assignedD. None of the above

April owes May P500,000. For failure to pay,

May sues April for collection. While the caseis pending in court, May assigns Aprils credit

to June, a creditor of May. In this case April

cannot exercise his right of redemption

against June because this is an assignmentto:

See article 1635

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A. Lloyd can rescind the mortgage

B. Jannospurpose is to preserve the piece of

landC. Roddyspurpose is to preserve the

tenementD. None of the above

See article 1635

Lloyd mortgaged his land to Janno, but Lloyd sold

it to Roddy. Later while a suit is pending, Roddyacquires mortgage credit assigned to him by

Janno. Lloyd has no right to redeem the mortgage

credit because: