Obligations and Contracts Flashcards
Can you avail of the defense of prescription by showing evidence?
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Distinguish between acquisitive and extinctive prescription.
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Can minors and incapacitated persons acquire through prescription? If yes, how?
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Can prescription run against the State?
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Can an administrator or executor renounce prescription already obtained? Why?
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As a general rule, everything within the commerce of man can be acquired by prescription. State the exception this rule.
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What are the requisites of acquisitive prescription?
When the possession begins in good faith, but later on was converted into bad faith, how log should the prescription be, ordinary or extraordinary?
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Although their effects are the same, what is the difference between license and tolerance?
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Can a right of way through a road be acquired by prescription?
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When is possession deemed interrupted? What is natural interruption? What is civil interruption?
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Judicial summons shall not give rise to interruption if:
Can a suit which was commenced but later on abandoned a form of interruption?
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What are the effects of recovery of possession after civil interruption? After natural?
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How can prescriptive title to property acquired? What are the requisites?
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The title, for the purposes of prescription must be true and valid. However, law provided exception to this such as one which is a false title and a revocable title. Discuss these exceptions.
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Titles are presumed just for every possessor in the concept of an owner, state the exception to this rule.
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When does the following prescribed:
a. Movables
b. Personal property without need of any other condition
c. Ownership and other real rights over immovables where properties were acquired through ordinary prescription.
d. ..rights were acquire through adverse possession w/o need for title
What is constructive possession?
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What is tacking of possession and when is it possible?
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Where the predecessor is in good faith and the successor is in bad faith, the latter can assert only extraordinary prescription. How is the period computed?
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Define statute of limitations.
Differentiate prescription from laches.
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When does real actions over immovables prescribe?
When shall action to recover movables prescribe? State the exception to this. *
When does a mortgage action prescribe?
What are rights that are not extinguished by prescription?
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Enumerate the actions that prescribes within:
a. 10 years
b. 6 years
c. 4 years
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When does the right of cause of action accrue when obligation is w/o date of maturity.
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The prescription of action is interrupted when:
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Define obligation.
What is meant by “obligation is a correlative right”?
What are the elements of obligation?
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