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Legal redemption of credit in litigation and Instances when legal redemption is denied By: Haban, Joyce Anne F.

Article 1634-1635

In assignment of credit or right in litigation the debtor is given the right to extinguish the obligation by reimbursing the assignee the following except: A. price assigned by a third party B. Interest on the said price from the time the day it was paid costs incurred by the C. Judicial assignee D. The price paid for the credit or right

See article 1634

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 A. Statement I is true; Statement II is false B. Statement I is false; Statement II is C.true Both are true D. Both are false

See article 1634

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

See article 1634

Aileen sues Ana for P100,000, Ana answered the complaint, but Aileen sells the credit to Aby for P50,000 to avoid the delay of collection. Can Ana redeem the credit from Aby?

A. Yes B. No Yes, Ana may redeem the credit from Aby by paying Aby the sum of P50,000 within 30 days from the time Aby demands payment of P100,000

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

See article 1634

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 30 days from the date the assignee demands A. Statement 1 is true; statement II is false payment B. Statement 1 is true; statement II is false C. Both are true

D. Both are false

See article 1634 and 1635

The following are instances when legal redemption is denied except : A. to a co-heir or co-owner of the right assigned B. to a creditor in payment of his credit C. to the person in actual possession of the assigned goods of a tenement or piece D. to the possession of land which is subject to the right in litigation assigned

See article 1635

Erika owes Allen and Alvin P50,000. For failure to pay, Allen and Alvin filed an action against Erika. While the case is pending in court Allen assigns his credit to Alvin. Can Erika exercise her right of redemption to Alvin? A. Yes B. No

See article 1635

April owes May P500,000. For failure to pay, May sues April for collection. While the case is 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 assignment to:A. a co-heir or co-owner of the right assigned B. a creditor in payment of his credit C. the possession of a tenement which is subject to the right in litigation assigned D. 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, Roddy acquires mortgage credit assigned to him by Janno. Lloyd has no right to redeem the mortgage credit because: A. Lloyd can rescind the mortgage B. Jannos purpose is to preserve the piece of land C. Roddys purpose is to preserve the tenement D. None of the above

See article 1635

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