Legal Aspect of Sales, Mortgage, and Lease Flashcards

1
Q

Characteristic of a contract of sale perfected by mere consent without any further act.

A

Consensual

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1
Q

In statute of fraud, sale of personal property at a price not less than .

A

500

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2
Q

A stipulation where parties agree that despite delivery, the ownership of the thing shall remain with the seller until the purchaser has fully paid the price

A

Pactum reservati dominii

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3
Q

It is hereby declared a public policy to protect buyers of real estate on installment Payments against onerous and oppressive conditions

A

Realty Installment Buyers Protection Act, section 2

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4
Q

Tacita reconduccion is also known as

A

Tacit renewal of a contract of lease

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5
Q

an action instituted by the vendee against the vendor to avoid a sale on account of some vice or defect in the thing sold

A

Accion redhibitoria

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6
Q

An action to procure the return of a part of the purchase price paid by the vendee to the vendor by reason of such defect

A

Accion quanti minoris

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7
Q

A consensual, bilateral, onerous and commutative contract by virtue of which one person binds himself to grant temporarily the use of a thing or to render some service to another who undertakes to pay some rent, compensation or price.

A

Lease

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8
Q

The provision in a mortgage contract that ends the mortgage when all payments are made, transferring title to the property back to the mortgagor or terminating the lender’s interest in the property

A

Defeasance Clause

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9
Q

Right of redemption on foreclosed property after being sold.

A

1 yr / 12 mos

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10
Q

A contract whereby a person borrowing money of another, hands over his property to the creditor.

A

Antichresis

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11
Q

Under maceda law, percent of payment every year after fifth year.

A

5%

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12
Q

The conveyance of real estate in payment of an obligation

A

Daccion en pago

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13
Q

A provision in the blanket mortgage that property whose loan value has been fully paid shall be released from the mortgage

A

Automatic redemption clause

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14
Q

Title passes to a sole heir upon execution of document.

A

Affidavit of adjudication

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15
Q

Seizure of a property by court order, usually done to have it available in the event of adverse judgment in a pending suit.

A

Attachment

16
Q

A right to use adjoining property that transfers with the land.

A

Appurtenant Easement

17
Q

The lessor(landlord) grants the right of possession to the lessee (tenant) but retains the right to retake possession at the expiration of the lease term.

A

Right of Reversion

18
Q

Has the preference to purchase the property over other purchasers if the owner of the property elects to sell the property.

A

Right of First Refusal

19
Q

A security interest in real property held by a lender as a security for a debt, usually a loan of money.

A

Mortgage

20
Q

A mortgage which covers two or more pieces of real estate.

A

Blanket Mortgage

21
Q

Is a charge the borrower pays when a mortgage is repaid before a certain period of time elapses

A

Prepayment Penalty Clause

22
Q

The seller lends the buyer the difference between the existing loan and the purchase price.

A

Wrap around loan

23
Q

Legal instrument used to ensure that consumers pay their debts properly.

A

Judgment lien

24
Q

The lessor has given the lessee notice of lessor’s intention to repossess the property

A

3 months in advance

25
Q

Lessee does not transmit absolutely his right and obligations to the sub lessee.

A

Contract of Sublease

26
Q

An unaccepted unilateral promise to buy or sale.

A

Policitacion

27
Q

The act of the lessor in padlocking the office of the lessee and of enclosing with barbed wire the leased land violated the lessor’s third obligation mandated by

A

par. 3, Art. 1652 of. NCC

28
Q

A stranger to the sublease agreement.

A

The lessor

29
Q

The absolute owner of the property mortgage.

A

Mortgagor

30
Q

It continues to exist even if dominant or servient tenement is sold

A

Easement Appurtenant

31
Q

Is the right to be subrogated, upon the same terms and conditions stipulated in the contract.

A

Legal redemption

32
Q

Characteristic of sale where it does not depend for its existence/validity upon another contract.

A

Principal

33
Q

Characteristic of sale where a name is given.

A

Nominate

34
Q

Characteristic of sale where thing sold is with a consideration.

A

Onerous