Identification Flashcards

1
Q

What is the term for a contract where a buyer pays for goods in installments over time?

A

Sales on Credit

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2
Q

It refers to the item being sold in a sales transaction

A

Subject Matter

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3
Q

What is the right of a co-owner to redeem a sold share from a third party?

A

Legal Redemption by Co-owners

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4
Q

This characteristic of a sale means that both parties have reciprocal obligations

A

Bilateral Contract

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5
Q

This transaction involves the exchange of goods or services without using money.

A

Barter

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6
Q

In a pacto de retro sale, what do you call the seller who has the right to repurchase?

A

Vendor a Retro

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7
Q

What is the term for a sale where the vendor reserves the right to buy back the property sold?

A

Conventional Redemption

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8
Q

This is the most formal method of forming a contract of sale, ensuring clarity and reducing disputes.

A

In Writing

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9
Q

In this transaction, a debtor assigns all assets to creditors so they may sell them and satisfy outstanding obligations.

A

Payment by Cession

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10
Q

This contract is independent and does not rely on another agreement for its validity.

A

Principal Contract

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11
Q

A remedy for an unpaid seller where the seller can sue the buyer to recover the agreed-upon price of the goods that were sold but not yet paid for.

A

Action for Price Exercised

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12
Q

A remedy for an unpaid seller where it is a legal right that allows a seller to retain possession of the goods sold until the buyer makes payment for the goods

A

Possessory Lien

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13
Q

It assures the buyer that the goods or service is free from defects, and it is a legally binding commitment.

A

Warranty

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14
Q

Type of warranty that is not explicitly stated by the seller but is automatically applied by law to protect consumers

A

Warranty of Merchandibility

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15
Q

Type of warranty that assures the buyer that the product will perform as expected for the specific use intended, even if it is not explicitly stated in the sales agreement.

A

Warranty of Fitness for a particular purpose

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16
Q

A legal remedy where the consumer can demand a new unit that is free from the defects plaguing the initial purchase.

A

Replacement

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17
Q

A legal remedy where the consumer may also opt for a complete _____ of the purchase price.

A

Refund

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18
Q

It is defined as a transaction involving the transfer of goods, services, funds, property or rights, thereby creating an obligation on the part of those who receive them, that must be complied with in the future.

A

Credit

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19
Q

Characteristics of Sale where it stands independently and does not rely on another agreement for its validity.

A

Principal Contract

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20
Q

The conditions under which the sale on credit occurs.

A

Credit Term

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21
Q

The law that regulates the sale of subdivision lots and condominium units and imposes penalties for violations.

A

PD 957

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22
Q

The law that governs the sale and ownership of condominium units, ensuring that developers meet their obligations and protecting buyers from exploitation.

A

RA 4726/Condominium Act

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23
Q

It provides a grace period for buyers to settle their arrears and avoid losing their property.

A

Maceda Law

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24
Q

Presidential Decree No. 957 was issued by _____

A

President Ferdinand Marcos

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25
The legal document that a developer must secure before selling subdivision lots and condominium units.
License to Sell
26
The obligation of developers to transfer to buyers after full payment, with no extra fees except registration costs.
Delivery of Title
27
What law governs the installment sales of personal property in the Philippines?
Recto Law
28
Who was the senator responsible for enacting the Installment Sales Law in 1933?
Senator Claro M. Recto
29
Which article in the Civil Code contains the Recto Law?
Article 1484
30
What is the legal term for the seller's right to take back the property if the buyer fails to pay two or more installments?
Cancellation of sale
31
What remedy prohibits the seller from pursuing the buyer for any deficiency after repossessing and selling the property?
Foreclosure of chattel mortgage
32
Which article in the Civil Code extends the application of Article 1484 to lease contracts with an option to buy?
Article 1485
33
What principle prevents a seller from choosing multiple remedies under the Recto Law?
Seller's obligation to elect a remedy
34
The law that protects real estate buyers in installment sales.
Maceda Law
35
The full name of the Maceda Law.
Realty Installment Buyer Protection Act
36
The minimum refund percentage under Maceda Law.
50%
37
The required notice period before cancellation.
30 days
38
The maximum refundable percentage under Maceda Law.
90%
39
The minimum grace period per year of payment under Maceda Law.
1 month per year of payments
40
The senator who authored the Maceda Law
Senator Ernesto Maceda
41
It is a form of agency that arises when the principal’s actions, silence, or failure to repudiate indicate consent to the agency relationship.
Implied Agency
42
Under the Nature of Agency, it is based on trust and confidence.
Personal Nature
43
A person binds himself to render some service or to do something in representation or on behalf of another, with the consent or authority of the latter.
Agency
44
Under the ways of informing Third Persons, if a person states by public advertisement that he has given a power of attorney to a third person, the latter thereby becomes a duly authorized agent with regard to any person.
Public Advertisement
45
It is a contract where a debtor delivers a movable property to a creditor as security for a debt.
Pledge
46
It is a legal term that refers to a contractual clause in a pledge or mortgage agreement where the creditor automatically acquires ownership of the collateral in case the debtor defaults.
Pactum Commissorium
47
It refers to a loan where real property (such as land or buildings) is used as collateral.
Real Mortgage
48
It involves personal property (often movable items) being used as collateral for a loan. This type of mortgage is often used for items like cars, machinery, or other equipment.
Chattel Mortgage
49
It is a type of agent or entity that acts on behalf of another (the principal) to perform specific tasks or transactions, and receives compensation in the form of a commission for their services.
Commission Agent
50
It is also known as the “Del Credere Agency.”
Guarantor Agency
51
This provision incentivizes the agent to be careful in selecting buyers and managing credit terms. Since they are taking on the risk, they have a strong interest in ensuring the buyer is creditworthy.
Due Diligence
52
This specific article says that when two or more principals have granted a power of attorney for a common transaction, any one of them may revoke the same without the consent of the others.
Art. 1925
53
This specific article says that the appointment of a new agent for the same business or transaction revokes the previous agency from the day on which notice was given to the former agency, without prejudice to the provisions of the two preceding articles.
Art. 1923
54
This specific article says that the principal may revoke the agency at will, and compel the agent to return the document evidencing the agency. Such revocation may be express or implied.
Art. 1920
55
This specific article says that if agency has been entrusted for the purpose of contracting with specified persons, its revocation shall not prejudice the latter if they were not given notice thereof.
Art. 1921
56
Under the ways of informing Third Persons, if a person specially informs another that he has given a power of attorney to a third person, the latter thereby becomes a duly authorized agent with respect to the person who received the special information.
Special Information
57
The power of attorney shall continue to be in full force until the notice is rescinded in the same manner in which it was given.
Manner of Rescission
58
Under the Nature of Agency, the agent acts on behalf of the principal, and their decisions and actions, are legally considered as the principal’s actions.
Representative Nature
59
Under the Nature of Agency, the agent’s authority comes directly from the principal and is limited to the powers granted. Actions beyond this authority may not be legally binding.
Derivative Nature
60
It is the person who grants authority to another to act on their behalf
Principal
61