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No, the consignation is not valid. For consignation of the thing or sum due to be proper, there must be prior notice to the creditor that the debtor…

2014 Bar Exam · Civil Law · Question 3 · Essay

The question

No, the consignation is not valid. For consignation of the thing or sum due to be proper, there must be prior notice to the creditor that the debtor is going to consign the payment in court. This notice is intended to give the creditor the opportunity to accept payment and thus avoid liability for costs in case it is found that the act of consignation was properly made. Even on the assumption that Dorotea was no longer the creditor as she had already sold the property to DM Realty, the facts do not state that the realty corporation was also given notice before filing the case for consignation. XI. An easement that can be acquired by prescription:

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