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RFBT > Plede, Real Property Mortgage, Chattel Mortgage, Anti chresis > Flashcards

Plede, Real Property Mortgage, Chattel Mortgage, Anti chresis Flashcards

1
Q

Instances where the thing pledged may be sold or alienated in public auction FoPD

A

debtor fails to fulfil obligation

loses the right to make use of the period

default

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2
Q

An obligation which may not be guaranteed

A

void obligations

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3
Q

Natural obligation can be guaranteed

A

yes

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4
Q

The creditor cannot appropriate the things given by way of pledge or mortgage or dispose of them

A

pactum commissorium

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5
Q

Is a pledge or mortgage indivisible or not

A

indivisible even though the death may be divided among the successors in interest

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6
Q

debtor’s heir who has paid a part of the debt cannot ask for the proportionate extinguishment of the pledge or mortgage

the creditors air who received his share of the debt can return the mortgage or pledge

A

yes and no; indivisible, Regardless solitary or not

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7
Q

The rule of indivisibility is not applicable when

A

there being several things given in one cage or pledge and each one of them guarantees only a determination of the credit

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8
Q

A contract of pledge is perfected by

a contract to pledge is perfected by

A

delivery; consent

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9
Q

Instances for a third person pledgor be released from liability and may ask for the return of the thing pledged Aop Et Ac D

A

if the creditor voluntarily accepts on other property even if there after losses the same by eviction

extension of time granted to the debtor

through the acts of the creditor, the pledgor can not be subrogated

thing pledged deteriorates through the fault of the pledgee

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10
Q

How will the fruits of the thing pledged appropriated

A

the creditor shall compensate what he receives with those which are owing him or to the principal if none is owing to him

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11
Q

In case of a pledge of animals, their offspring shall pertain to the _________

A

pledgor or owner but shall be subject to the pledge if there is no stipulation to the contrary

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12
Q

The pledge is extinguished if the pledgee uses or misuses the thing

A

no, it only authorizes the deposit of the template with a third person. This also applies if through negligence or willful act of the pledgee, the thing pledged is in danger of being lost or impaired

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13
Q

What will happen if there is a fear of destruction, loss or impairment without pledgee’s fault

A

returned but replaced of the same kind and not inferior quality or

sold at public auction

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14
Q

Right of a person to retain eating until he receives payment

A

legal pledge

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15
Q

Distinction of legal versus conventional pledge

A

in conventional pledge, deficiency can never be recovered by the pledgee however is entitled to the excess

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16
Q

Stipulation that when a thing pledged is returned, the pledge is not extinguished is

A

void

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17
Q

The renunciation or abandonment of pledge should be in what form

A

in writing

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18
Q

Is the acceptance of the renunciation or abandonment of pledge necessary

A

no, the blood she becomes a depositary

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19
Q

What is the remedy of the pledgee if he has not been satisfied in due time

A

foreclosure sale

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20
Q

Can still be held in a foreclosure sale so that the creditor or make appropriate the thing pledged

A

two

21
Q

Can the pledgor or owner did in a foreclosure sale

A

yes, and he shall also help preference should offer the same terms as the highest bidder

22
Q

If a credit which has been pledged becomes do before it is redeemed, the pledgee may collect and receive the amount due and his son of lie the same to the payment of his claim and deliver the surplus to the pledgor

A

yes

23
Q

If there are two or more things pledged, he made them and the sale of all things pledged

A

no, only insofar necessary for the payment of the debt

24
Q

How is a real estate mortgage perfected

A

by mere consent but must be in a public instrument and be recorded in the registry of property for convenience

25
Q

Is tipo or upset price valid

A

no

26
Q

A foreclosure where the estate does not contain a special power of attorney authorizing the extrajudicial foreclosure

A

judicial foreclosure

27
Q

Prescription period of payment to exercise equity of redemption which is the right to prevent the foreclosure

A

90 to 120

28
Q

There shall be a right of redemption in judicial foreclosure only when

A

special law allows

29
Q

The equity of redemption for extrajudicial foreclosure shall be

A

the grace period given by the mortgagee

30
Q

The period of right of redemption in a extrajudicial foreclosure shall be

A

generally 12 months except 90 days for bank and judicial persons

31
Q

How is a chattel mortgage perfected

form; affidavit of good faith

A

the registration to the chattel mortgage registry where the mortgagor resorts and where the property is located shall only be for enforceability

32
Q

It is states that the parties so where the mortgage is made for the purpose of securing obligations specified in the conditions thereof and for other purposes and that the same is a just and valid obligation and not one entered into for purposes of fraud

A

affidavit of good faith

33
Q

The coverage of a chattel mortgage shall only be the deaths existing at the time the contract was entered into and indicated in the affidavit of good faith

A

yes, an amendment of the affidavit shall be necessary to cover subsequent obligations

34
Q

Foreclosure of chattel mortgage shall be done judicially

A

no, extrajudicial

35
Q

Equity of redemption in case of foreclosure of a chattel mortgage shall be

A

30 days from the date of default

36
Q

Notice of foreclosure of chattel mortgage shall be _____ prior to sale posting in two or more public places

A

10 days

37
Q

Who is entitled to the excess proceeds of a foreclosure sale

A

the mortgagor; hence the creditor is entitled to the deficiency accept when the object is subject of a saline installment and covered by the recto law which prohibits collection of unpaid amount once the creditor already foreclose the chattel mortgage on the properties itself

38
Q

Is there a right of redemption in a foreclosure of chattel mortgage

A

none

39
Q

It is a stipulation where the mortgage or pledge covers future obligations

A

dragnet clause

40
Q

What is the object of antichresis

A

immovable property

41
Q

An antichresis is perfected by

A

formal agreement

42
Q

Credit Transactions must be in a public instrument for

A

enforceability

43
Q

A credit transaction for a sale of the property is prohibited and can make the seller criminally liable

A

chattel mortgage

44
Q

A foreclosure of a real property mortgaged requires a notice ______ prior to the sale

A

20 days

45
Q

A credit transaction where the right of redemption is available

A

real property mortgage

46
Q

What is the remedy in case of default under antichresis

A

application of the usufruct to the obligation

47
Q

The basis for application of the fruits to the interest and principal in case of antichresis

A

actual market value of the fruit at the time of application

48
Q

Who shall be liable to pay the real property taxes and expenses in the repair or preservation of the property in the absence of stipulation in case of antichresis

A

the creditor; since he uses the property

49
Q

The object of the antichresis can be attached or foreclosed

A

yes

RFBT (29 decks)

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