voidable contracts question

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ano po yung rule when the defendant (person obliged by the decree of annulment to return the thing) loses the thing without his fault?

sabi po kasi sa book ni de leon,

"(1) If the thing to be returned is lost without the fault of the person obliged to make restitution (defendant), there is no more obligation to return such thing. But in such a case, the other cannot be compelled to restore what in virtue of the decree of annulment he is bound to return (Art. 1402.)"

pero there's this handout from a senior in which it says

"Loss of the thing while in the possession of the party at fault

a. If due to his fault
- to return the value of the thing at the time of loss
- interest on the value of the thing
- fruits

b. if due to fortuitous event
- the value of the thing at the time of loss but no interest
- fruits received"

so looking to clarify po sana, thank youu

Posted Dec 13, 2025, 10:39 AM UTC

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