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What is the responsibility of the depositary regarding interest from certificates or bonds?
What is the responsibility of the depositary regarding interest from certificates or bonds?
What can the depositary do with articles of the same kind and quality?
What can the depositary do with articles of the same kind and quality?
What must the depositary obtain before using the deposited item?
What must the depositary obtain before using the deposited item?
When the depositary has permission to use the deposited item, what does the contract become?
When the depositary has permission to use the deposited item, what does the contract become?
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What is the depositary liable for regarding fortuitous events?
What is the depositary liable for regarding fortuitous events?
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What must the depositary do when a delivered item is closed and sealed?
What must the depositary do when a delivered item is closed and sealed?
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Who is presumed at fault if the seal or lock of a deposited item is broken?
Who is presumed at fault if the seal or lock of a deposited item is broken?
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What does the statement of the depositor regarding the value of the deposited item get accepted as?
What does the statement of the depositor regarding the value of the deposited item get accepted as?
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What happens to the pledge or mortgage when the corresponding portion of debt is satisfied?
What happens to the pledge or mortgage when the corresponding portion of debt is satisfied?
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Which of the following can be pledged?
Which of the following can be pledged?
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Under what condition can the pledge not take effect against third persons?
Under what condition can the pledge not take effect against third persons?
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What right does the contract of pledge give to the creditor?
What right does the contract of pledge give to the creditor?
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What occurs if a promise to constitute a pledge is violated by misrepresentation?
What occurs if a promise to constitute a pledge is violated by misrepresentation?
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What is required in addition to the requisites in Article 2085 to establish a pledge?
What is required in addition to the requisites in Article 2085 to establish a pledge?
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What must happen for incorporeal rights to be validly pledged?
What must happen for incorporeal rights to be validly pledged?
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What is the implication if the pledgee consents to the alienation of the pledged item?
What is the implication if the pledgee consents to the alienation of the pledged item?
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What is the responsibility of the creditor regarding the pledged item?
What is the responsibility of the creditor regarding the pledged item?
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What rights does the creditor have if the pledged item produces fruits or income?
What rights does the creditor have if the pledged item produces fruits or income?
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Under what condition can the pledgee deposit the pledged item with a third person?
Under what condition can the pledgee deposit the pledged item with a third person?
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What can the pledgor do if the pledged item is in danger due to the pledgee's negligence?
What can the pledgor do if the pledged item is in danger due to the pledgee's negligence?
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If the creditor uses the pledged item without the owner's authority, what may the owner do?
If the creditor uses the pledged item without the owner's authority, what may the owner do?
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What happens to the debtor’s ownership of the pledged item?
What happens to the debtor’s ownership of the pledged item?
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What is true about the return of the pledged item by the creditor?
What is true about the return of the pledged item by the creditor?
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What is the obligation of the pledgee regarding the acts of his agents or employees?
What is the obligation of the pledgee regarding the acts of his agents or employees?
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Who shall refund the extraordinary expenses incurred during the contract for the preservation of the loaned thing?
Who shall refund the extraordinary expenses incurred during the contract for the preservation of the loaned thing?
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What happens if extraordinary expenses arise due to the bailee's use of the loaned thing?
What happens if extraordinary expenses arise due to the bailee's use of the loaned thing?
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What type of loan allows the borrower to acquire ownership of fungible things?
What type of loan allows the borrower to acquire ownership of fungible things?
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What is the relationship between the bailee and the bailor regarding expenses incurred without prior notice?
What is the relationship between the bailee and the bailor regarding expenses incurred without prior notice?
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What is required for a borrower to be entitled to interest on a loan?
What is required for a borrower to be entitled to interest on a loan?
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What must a bailor do if they are aware of flaws in the loaned thing?
What must a bailor do if they are aware of flaws in the loaned thing?
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If a fungible thing other than money is loaned, what is expected from the debtor if it is impossible to deliver the same kind?
If a fungible thing other than money is loaned, what is expected from the debtor if it is impossible to deliver the same kind?
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What is the consequence of contracts intended to circumvent usury laws?
What is the consequence of contracts intended to circumvent usury laws?
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What regulates the deposit mentioned for travelers in hotels or inns?
What regulates the deposit mentioned for travelers in hotels or inns?
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When is the hotel-keeper not liable for lost property?
When is the hotel-keeper not liable for lost property?
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What governs the duration and terms of the suspension of a civil action or proceeding?
What governs the duration and terms of the suspension of a civil action or proceeding?
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Which of the following articles specifies the hotel-keeper's liability for personal property loss caused by employees?
Which of the following articles specifies the hotel-keeper's liability for personal property loss caused by employees?
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Which situation qualifies as force majeure regarding theft in a hotel?
Which situation qualifies as force majeure regarding theft in a hotel?
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Who must approve compromises entered into by guardians and parents?
Who must approve compromises entered into by guardians and parents?
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What right does the hotel-keeper have concerning the belongings of guests?
What right does the hotel-keeper have concerning the belongings of guests?
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Which of the following is NOT valid for a compromise?
Which of the following is NOT valid for a compromise?
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What happens if a compromise includes a mistake, fraud, or undue influence?
What happens if a compromise includes a mistake, fraud, or undue influence?
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What is true about notifications of non-liability posted by hotel-keepers?
What is true about notifications of non-liability posted by hotel-keepers?
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What must guests do to ensure their belongings are protected in hotels?
What must guests do to ensure their belongings are protected in hotels?
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What must a compromise contain to be valid?
What must a compromise contain to be valid?
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Which article states that a thief's act is not considered force majeure unless done with irresistible force?
Which article states that a thief's act is not considered force majeure unless done with irresistible force?
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How does a compromise affect the parties involved?
How does a compromise affect the parties involved?
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What is the consequence if one party discovers documents related to the compromised dispute after the fact?
What is the consequence if one party discovers documents related to the compromised dispute after the fact?
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What is the court's role in a compromise agreement involving a decedent's estate?
What is the court's role in a compromise agreement involving a decedent's estate?
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Study Notes
Civil Code of the Philippines - Credit Transactions
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Loan (Title XI): A contract where one party delivers something (non-consumable) for a specific time, with return expected, or a consumable item (money) with the agreement to return the same equivalent.
- Commodatum: Gratuitous loan of a non-consumable item.
- Simple Loan (Mutuum): Loan of a consumable item like money, with the agreement to return the same amount/kind. Can be with or without interest. Ownership of the thing passes to the borrower.
- Commodatum (Chapter 1): The use of a loaned item is granted, but not the fruits. Compensation for use makes it no longer commodatum. Consumable goods can be the object if the purpose is not consumption.
- Obligations of the Bailee: Responsible for ordinary expenses, and loss even due to fortuitous events, unless the situation was without fault on the bailee's part.
- Obligations of the Bailor: Cannot demand return until the agreed-upon time or use is completed. Can demand return if necessary or in cases of ingratitude (as seen in article 765).
- Simple Loan (Mutuum) (Chapter 2): Loan of money or fungible thing—the borrower acquires ownership, and an equivalent amount of the same kind must be repaid to the creditor.
- Interest: Only due when expressly stipulated in writing; illegal interest (usury) is null and void.
- Deposit (Title XII): The act of receiving something belonging to another with an obligation to keep it safe and return it.
- Voluntary Deposit: Deposit made by the depositor's will. Can be done by multiple parties if each believes they are entitled to the deposited item.
- Necessary Deposit: A deposit in cases of danger (e.g., emergencies, unforeseen situations).
- Obligations of the Depositary: Duty to safely keep and return. Accountability related to the safekeeping and loss is determined by Title I of the current book. Care is expected comparable to that of a good father of a family. Liable for the use of the item if not permitted.
- Obligations of the Depositor: Responsible for reimbursement of expenses made to keep the deposited object safe unless agreed otherwise, and liable for damages if the characteristics of the item cause damage.
- Necessary Deposit (Chattel Mortgage): Recording items in a register, security in case of debts repayment. If movable pledged is to be delivered to the creditor the contract is a pledge not a chattel mortgage.
- Aleatory Contracts (Title XIII): Insurance, Gambling: Contracts where a party is committed to do something or give something dependent on an uncertain or indeterminate event.
- Guaranty (Title XV): A contract where a guarantor promises that the principal debtor/obligor will fulfill their obligation. There are different kinds of guarantys, legal and conventional.
- Effects of Guaranty (Chapter 1 & 2): Covers responsibilities for the debtor, guarantor, and between guarantors. If the guarantor fulfills the obligations of the debtor, certain actions/rights are transferred.
- Compromises (Title XIV): Contracts where parties make mutual concessions to avoid or settle litigation.
- Arbitrations (Chapter 2): Submitting disputes with a third party decision maker for a resolution.
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Pledge & Mortgage (Title XVI): The transfer of possession or title to a creditor until an obligation is fulfilled; security measures for obligations between parties, with conditions for sale, rights, and obligations if the debtor fails to do so.
- Mortgages must be legally recorded.
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Description
Test your knowledge on the Credit Transactions outlined in the Civil Code of the Philippines. This quiz covers key concepts such as loans, obligations of bailees and bailors, and the specifics of comodatum and simple loans. Perfect for students studying Philippine law.