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Q. |
A is indebted to B in the amount of P2M. When the obligation became due and demandable B delivered to A his car and A accepted it. A month later A sued B for sum of money. Can B interpose the defense of dacion en pago? |
A. | B can interpose the defense of dacion en pago, because of the acceptance of the object. |
B. | B can interpose the defense of extinguishment of the obligation by way of novation. |
C. | B can interpose the defense of novation since the delivery of the car resulted in a change of relationship. |
D. | B cannot interpose the defense of novation because novation cannot be presumed, it must be expressly agreed upon. |
Answer» D. B cannot interpose the defense of novation because novation cannot be presumed, it must be expressly agreed upon. |
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