Commercial Law: Hotel-Keepers' Rights and Guaranty
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Questions and Answers

What happens when the thing pledged is later found in the hands of the pledgor or the owner?

  • The accessory obligation of pledge is presumed remitted (correct)
  • Both the principal obligation and accessory obligation of pledge are presumed remitted
  • The principal obligation is presumed remitted
  • Neither the principal obligation nor the accessory obligation of pledge is presumed remitted

    • Who can constitute a pledge or mortgage contract?

  • A third party without any connection to the owner
  • Any person with possession of the thing pledged or mortgaged
  • The absolute owner of the thing pledged or mortgaged (correct)
  • An agent of the owner of the thing pledged or mortgaged

    • What is required for a mortgage to be valid against third persons?

  • A public instrument describing the thing mortgaged and the date of the mortgage
  • A private agreement between the parties involved
  • Delivery of the thing mortgaged to the mortgagee
  • Registration of the mortgage (correct)

    • What is the effect of partial payment or partial extinguishment of the debt on the pledge or mortgage?

    <p>It does not bring about a proportionate extinguishment of the pledge or mortgage</p> Signup and view all the answers

    What types of obligations can be secured by a contract of pledge or mortgage?

    <p>All kinds of obligations, be they pure or subject to a suspensive or resolutory condition</p> Signup and view all the answers

    What happens when a spouse mortgages conjugal property without the consent of the other spouse?

    <p>The mortgage is valid only as to one-half of the entire property</p> Signup and view all the answers

    What is the main difference between a pledge and a mortgage?

    <p>A pledge is for movable property, while a mortgage is for immovable property</p> Signup and view all the answers

    What is the effect of delivery of the object pledged to the pledgee or a third person?

    <p>The pledge is valid against third persons</p> Signup and view all the answers

    What is the right of a hotel-keeper regarding the things brought into the hotel by the guest?

    <p>To retain the things as a security for credits</p> Signup and view all the answers

    What happens when a principal debtor fails to pay and his properties are exhausted?

    <p>The surety is primarily liable</p> Signup and view all the answers

    What is the main difference between a guarantor and a surety?

    <p>The guarantor is secondarily liable, while the surety is primarily liable</p> Signup and view all the answers

    When is the depositary liable for the loss of the thing through a fortuitous event?

    <p>If he uses the thing without the depositor's permission</p> Signup and view all the answers

    What is the relationship between the surety and the principal debtor in a contract of suretyship?

    <p>The surety is solidarily liable with the principal debtor</p> Signup and view all the answers

    What happens when a surety pays the debt of the principal debtor?

    <p>The surety has the right to claim the debt from the principal debtor</p> Signup and view all the answers

    What is the nature of fixed, savings, and current deposits of money in banks and similar institutions?

    <p>A simple loan</p> Signup and view all the answers

    What is the depositary's obligation when delivering a closed and sealed thing?

    <p>To deliver the same in the same condition</p> Signup and view all the answers

    What is the primary obligation of a surety in a contract of suretyship?

    <p>To assume liability as a regular party to the undertaking</p> Signup and view all the answers

    What is the main difference between a guaranty and a suretyship?

    <p>A guaranty is a secondary obligation, while a suretyship is a primary obligation</p> Signup and view all the answers

    When can the depositary open a locked box or receptacle?

    <p>If the key has been delivered to him</p> Signup and view all the answers

    Can the depositary demand that the depositor prove ownership of the thing deposited?

    <p>No, under any circumstances</p> Signup and view all the answers

    What is the consequence of the surety's solidary liability in a contract of suretyship?

    <p>The surety is liable the moment there is a failure to pay</p> Signup and view all the answers

    What happens if the depositor loses his capacity to contract after making the deposit?

    <p>The thing cannot be returned except to the persons who may have the administration of his property and rights</p> Signup and view all the answers

    Can the depositary return the thing deposited before the specified time if there is a justifiable reason?

    <p>Yes, unless the deposit is for a valuable consideration</p> Signup and view all the answers

    What is the depositary's obligation regarding the thing deposited?

    <p>To return the thing deposited upon demand</p> Signup and view all the answers

    What is the general rule regarding possession of the property mortgaged as security for a loan?

    <p>The mortgagor retains possession of the property.</p> Signup and view all the answers

    What type of property can be used as security for a real mortgage?

    <p>Immovable objects and rights</p> Signup and view all the answers

    What is required for a mortgage to be validly constituted?

    <p>A public document duly recorded in the Registry of Property</p> Signup and view all the answers

    What is the primary right of a mortgagee in case of non-payment of a debt secured by a real mortgage?

    <p>To foreclose the mortgage and sell the property</p> Signup and view all the answers

    What happens to the ownership of the property in case of default by the mortgagor?

    <p>The ownership remains with the mortgagor</p> Signup and view all the answers

    Who is prohibited from displaying or distributing consumer products with non-conforming packages or labels?

    <p>All persons engaged in the labeling or packaging of consumer products</p> Signup and view all the answers

    What type of property is typically involved in a chattel mortgage?

    <p>Movable property</p> Signup and view all the answers

    What is a characteristic of a chattel mortgage?

    <p>It is an accessory contract</p> Signup and view all the answers

    Under what condition is a wholesale or retail distributor exempt from the prohibition on labeling?

    <p>When they are engaged in the packaging or labeling of products</p> Signup and view all the answers

    What is required for a chattel mortgage to be valid?

    <p>Registration in the Chattel Mortgage Register</p> Signup and view all the answers

    What is a prohibited act under the labeling and packaging law?

    <p>Displaying or distributing products with non-conforming packages or labels</p> Signup and view all the answers

    Who is responsible for ensuring that products are properly labeled and packaged?

    <p>Persons engaged in the labeling or packaging of consumer products</p> Signup and view all the answers

    What is not a condition for exemption from the prohibition on labeling for wholesale or retail distributors?

    <p>When they are not engaged in the business of wholesale or retail distribution</p> Signup and view all the answers

    What happens when a wholesale or retail distributor refuses to disclose the source of mislabeled or mispackaged products?

    <p>They are not exempt from the prohibition on labeling</p> Signup and view all the answers

    Study Notes

    Deposit

    • A hotel-keeper has the right to retain things brought into the hotel by a guest as security for credits on account of lodging and supplies.
    • Guaranty is a contract where a person binds themselves to a creditor to fulfill the obligation of the principal debtor if the latter fails to do so.
    • Suretyship is a contract where one person engages to be solidarily liable for a debt, default, or miscarriage of another.
    • In a contract of suretyship, the surety is primarily liable and has the same obligations as the principal, with respect to the creditor.
    • The surety is liable the moment there is a failure to pay.

    Guaranty and Suretyship

    • Guarantor is secondarily liable, binds themselves to pay only when the principal cannot pay.
    • Guaranty is when the guarantor is an insurer of the debtor's solvency.
    • Suretyship is when the surety is an insurer of the debt.

    Deposit

    • Depositary is liable for the loss of the thing through a fortuitous event if:
      • it is so stipulated;
      • they use the thing without the depositor's permission;
      • they delay its return;
      • they allow others to use it, even if authorized to use it themselves.
    • Fixed, savings, and current deposits of money in banks and similar institutions are considered simple loans.
    • When a thing is closed and sealed, the depositary must:
      • deliver the thing in the same condition;
      • pay for damages if the seal or lock is broken through their fault;
      • keep the secret.

    Pledge and Mortgage

    • A pledge or mortgage can secure all kinds of obligations, whether pure or subject to a suspensive or resolutory condition.
    • A mortgage is indivisible, so partial payment does not extinguish the pledged mortgage.
    • The contract of pledge or mortgage may be constituted only by the absolute owner of the thing pledged or mortgaged, otherwise, it is void.
    • A mortgage of conjugal property by one spouse is valid only as to one-half of the entire property.

    Pledge vs. Mortgage

    • Pledge: movable property, delivery of the object pledged to the pledgee or a third person is necessary.
    • Mortgage: immovable property, delivery of the thing mortgaged is not necessary.

    Characteristics of Real Mortgage

    • The objects of a real mortgage are immovable and alienable real rights imposed upon immovable.
    • The mortgage must appear in a public document duly recorded in the Registry of Property.

    Effect of Mortgage

    • The only right of a mortgagee in case of non-payment of a debt secured by a real mortgage is to foreclose the mortgage and have the encumbered property sold to satisfy the outstanding indebtedness.
    • The mortgagor's default does not operate to vest in the mortgagee the ownership of the encumbered property.

    Chattel Mortgage

    • A chattel mortgage is a contract in which a personal property is recorded in the Chattel Mortgage Register as a security for the performance of an obligation.
    • Characteristics of chattel mortgage:
      • an accessory contract because it is for the purpose of securing the performance of a principal obligation;
      • a formal contract because registration in the Chattel Mortgage Register is indispensable.

    Labelling and Packaging

    • Prohibited acts on labeling and packaging:
      • unlawful for any person to display or distribute any consumer product whose package or label does not conform.
    • The prohibition on labeling does not apply to:
      • persons engaged in the business of wholesale or retail distributors of consumer products except to the extent that they are engaged in the packaging or labeling of such products;
      • persons who prescribe or specify by any means the manner in which such products are packaged or labeled;
      • persons who, having knowledge, refuse to disclose the source of the mislabeled or mispackaged products.

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    Description

    This quiz covers the rights of hotel-keepers to retain guest properties as security for credits and the concept of guaranty and suretyship in commercial law.

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