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RFBT > LAW 1 > Flashcards

LAW 1 Flashcards

1
Q

In order that condonation may extinguish an obligation involving MOVABLE PROPERTY who exceeds 5k shall:

A

Condonation and Acceptance are in WRITING EVEN PRIVATE

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2
Q

D oblige to give C a SHABU. Later parties instead agree sack of rice. Is the obligation VALID ?

A

NO. novation is void bc the Original Obligation is VOID. C cannot demand delivery of sack of rice frok D

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3
Q

The creditor has a right of the fruits from time of obligation to _______ However he shall acquire no _____ rights over until delivered to him

A
  1. Deliver arises. 2. No Real Rights
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4
Q

What is the difference of PERSONAL RIGHT vs REAL RIGHT

A

Personal Right = vs Debtor Only. When deliver it arises
Real Right = vs the whole World. Actual Delivery

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5
Q

D sold then land and fruits to C. In due date D only give the land. BUT the fruits is sold to X. Can C recover the fruits.

A

No. He have NO REAL RIGHTS of the fruits. He can only ASK D for to collect the proceeds

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6
Q

Kinds of Fruits
1. Juridical relations of parties (interest and renr)
2. Human intervation/labor/cultivation (crops)
3. Spontaneous Product soil & animals (baby cow,)

A

1.Civil Fruits
2.Industrial Fruit
3. Natural Fruits

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7
Q
  1. Additions or Improvements upon which may include an alluvium and watever is built, planted or sown on a parcel of land Exp Bldg on Land
  2. joined to or included with the principal for the latters better use perfection or enjoyment. Exp Keys
A
  1. Accessions
  2. Accessories
    This are for DETERMINATE THING ONLY. Not for generic thing
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8
Q

Remedies of the creditor
1. Determine Thing
2. Generic Thing
3. To do and Not to do

A
  1. SPECIFIC PERFORMANCE. Substitue if not possible
  2. Specif or Substitute . Substitute means another person. Cost of debtor + damages
  3. SUBSTITUTE. cannot be compelled probition against involuntary servitude. NTD Creditor may undone in expense of debtor
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9
Q

What kind of damages is this:
1- CORRECTIVE or to set an EXample
2. To vindicate a RIGHT when no other kind of damages may be recovered
3 MentAL and PhysicAL anguish

A
  1. EXemplary Damages
    2 Nominal Damages
    3 Moral Damages 2219 2220 (libel, slander, oral defamation, chastity, seduction and acts of lascivouness
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10
Q

Kinds of damages
1. Only damage REQUIRED PROOF (Incurrence + Amnt
2. Predetermined Beforehand (Penalty)
3. Exact Amount cannot be determined

A
  1. Actual Damages
  2. Liquidated Damages
  3. Temperate Damages
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11
Q
  1. Insidious words or machinations and Deceptions
  2. Kind of Fraud beg of contract affects validity of contract make it voidable.
  3. Kind of fraud during performance. Does not affect the validity liable for damages
A

1 Fraud
2. Dolo Causante
3. Dolo Incidente

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12
Q
  1. Omission of Diligence
  2. Common carrier’ diligence
  3. Contractual negilience breach of contract
  4. Negli in quasi delict
  5. Crime or a delict negilence
A
  1. Negligence
  2. Extra Ordinary Diligence
  3. Culpa Contractual
  4. Culpa Aquiliana
  5. Culpa Criminal
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13
Q

1.If negligence was immediate and proximaye cause
2.If neg was only contributory

A
  1. No recovery for damages
  2. Recover damages bur courts can mitigate or reduce the same
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14
Q

In No Demand No delay XPN when obligation so declares (stipulation) is having due date is a valide defense???

Solvendi Vs Accipiendi va Morae

A

NO.NOT due date. Should be stated “ Without need of Demand”

Debtor vs Creditor vs both parties

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15
Q

1.Mora solvendi ex RE
2.Mora solvendi ex Personal
3.T/F there is no delay in obligations NO TO DO
4.Any ilicit act which impairs the strict and faithful fulfillmenr

A
  1. Real Obligation
  2. Personal Obligation
  3. TRUE
  4. Any manner in contravention
    VIOLATIO
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16
Q

General rule: No person shall be responsible for FE EXCPTIONS

A
  1. Declared by Stipulation
  2. Assumption of Risk
  3. Specified by Law
  4. When NDF concurred with the FE
17
Q

1.Can 3rd p compel creditor to accept the payment with consent of debtor?
How abt NO Consent
2. Can 3rd p Subrogation to the rights of creditors if consent vs no consent
3.Reimbursement. Consent vs No

A
  1. YES. No if No consent
  2. YES. No if No consent
  3. Full Reimburset vs Beneficial Reim
18
Q
  1. If ayaw ni 3rd party ng reimbursememt is this valid?
  2. If D pay to the son C and C gastos it for comp shop Is there a valid payment?
A
  1. Yes thru DONATION if debtor accept it. If NOT, 3rd party can seek reimbursement. Creditor wla na pake
  2. Generally No. Successor in interest will only apply if main creditor is dead or may Authority of C himself/law/court sheriff.
19
Q

Is there a valid payment
1. D pays C’s son. And his son use it for books, food or education.
2. D pays C’s son. And D informed C. C accepted it
3. Promissory note of Bearer
4. Wat if C is incapacitated?

A
  1. YES. Bc of If it redounds to the benefit of the creditor
  2. YES. This is bc or ratification
  3. Yes bc of evidence
  4. Yes IF Beneficial. To be safe consign to the court
20
Q

D will give his car1234. Eventually he change it to truck678 is this valid?

2.Rules in generic thing of superior and inferior quality.

  1. D promises to sing C in wedding. Eventually he wants to dance
A
  1. No he cannot compelled creditor. Unless ok lng kay C & indi piniliit
  2. C cannot demand superior quality.
    D cannot deliver a inferior quality.
  3. No. Do or not to do cannot be substituted by another act or forbearance against the C’s will
21
Q

1.This refers payment creditor can be COMPELLED to Accept. Coins and currencies issued by BSP with power

  1. COINS limit of 1pesos & above?
    Coins below 1 pesos?
  2. Are negotiable instruements and checks are considered legal tender?
A
  1. LEGAL TENDER
  2. Not exceeding 1k now 2k
    Not exceeding 100 now 200
  3. No.However creditor can accept it. But not extinguish payment UNLESS Encash or Impaired. (Stale vs Impairer is different) stale demand another chk. Impair = bank close
22
Q
  1. Is Gcash a legal tender?
  2. Extraordinary inflation/deflation by gov procurement. Wat will the payment?
A
  1. No.
  2. Currency stipulated shoud supervene the value of currency at the time of ESTABLISHMENT of date of obligation shall be basis of payment UNLESS agreement to contrary. In short di ung inflate or deflate
23
Q

Place of Payment or Perromance Priority

A
  1. Place designated of obligation Stip
  2. No stipulation. Determine thing = where obligation is CONSTITUTED
  3. Other case = Domicile of Debtor
  4. Debtor chge domicile bad faith or delay he will borne add expense
24
Q
  1. Payment by THING governed by law on sales. Has to be DELIVERED Prior acceptance,
  2. A mere promise to deliver a thing
  3. One debtor one creditor with many debts/obligation
A
  1. Dation in Pago = Extent of VALUE. Silent ok na. Unless stip express or implied
  2. Novation
  3. Application of Payment
25
Q
  1. Payment by THING governed by law on sales. Has to be DELIVERED Prior acceptance,
  2. A mere promise to deliver a thing
  3. One debtor one creditor with many debts/obligation
  4. Debtors delivers all creditors his properties. Sabay hati hati sila sa proceeds
A
  1. Dation in Pago = Extent of VALUE. Silent ok na. Unless stip express or implied
  2. Novation
  3. Application of Payment
  4. Cession (Agency to sell)
26
Q

Application of payments rules
If the Debtor has right of choice wat are the limitations

A

A. Compelled PARTIAL payment
B. Interest 1st b4 Principal
C. Damages Unliquidated di pa alam
D. Not due and demandable benefit of creditor only of period.
E. Stipulation which to apply first

27
Q

Application of payment rules.
1. If debtor does not designate
2. Debtor/ Creditor does not designate

A
  1. Creditor as reflected in receipt which is accepted by debtor without protest
  2. Most onerous debt in nature or burden. If SAME = Applied Proportionately
28
Q

Kind of cession
1. Extinguish up to amnt of proceed
2. Extinguish na! Court. Under FRIA

A
  1. Voluntary/Conventional
    2 Judicial Cession
    Properties Exempt from execution: are generally not covered by cession. Except the debtor waives such exemption. Exp Driver’s Car. Para makapagsimula uli sya
29
Q

Tell if Dation in Pago or Cession
1. No transfer of ownership vs Meron
2. Total Extinguish vs only insofar of net proceeds (XPN stip or Judicial)
3. Plurality of Creditors vs No P of Cr
4. Specific Thing vs All prop xpn exec
5. Solvent but illiquid vs Insolvenet

A
  1. Cession/Pago
  2. Pago/ Cession
  3. Cession/Pago
  4. Pago/Cession
  5. Pago/Cession
30
Q

1 manifestation made by the debtor to the creditor of his desire to comply with his obligation. Is a PREPATORY ACT DOES NOT Extinguish the obligation.

  1. Deposit of object of obligation in a competent court in accordance of law AFTER tender payment has been refuse. Direct payment of creditor is IMPOSSIBLE. It is extinguuish
A
  1. Tender of Payment (willing n Kay cr)
  2. Consignation (sa korte)
31
Q

Requisites in tender of payment and consignation is debt is due, notice to consign and legal consignment that valid tender of payment creditor unjustly refuses
XPN: (ito un Pidi deteretsy korte n)

A
  1. When creditor is unknown or does not appear in place of payment
  2. Cr incapacitated time is due
  3. Un just cause he refuses give a receipt
  4. Two or more person same right to collect
  5. When title of obligation has lost
32
Q

Effectiveness of consignment b4 vs after of acceptance of court or judicial decision
Withdrawal of thing deposit.
1. If before can he get it and does the obligation revive?
2.If after

A
  1. YES. No revival since wla pa naman extinguishment kasi di pa accepted ng court

2.yes IF CONSENT of Cr. Yes revival except guarantee and solidarity.

RFBT (5 decks)

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