Podcast
Questions and Answers
When is a payment to a third person considered valid?
When is a payment to a third person considered valid?
- Always valid.
- Always invalid.
- Valid only if it redounds to the benefit of the creditor and the burden of proving rests upon the creditor. (correct)
- Valid only if it redounds to the benefit of the creditor and the burden of proving rests upon the debtor.
Which contract is not subject to reform?
Which contract is not subject to reform?
- A contract of simple donation. (correct)
- A partially executed contract of loan.
- A contract of sale of real property entered into in a private instrument.
- A contract of pledge.
What is the required form for the donation of movables valued over Php 5,000.00?
What is the required form for the donation of movables valued over Php 5,000.00?
- In public instrument only if the value exceeds Php 5,000.00. (correct)
- In writing.
- In a public instrument.
- In writing only if the value exceeds Php 5,000.00.
Which statement regarding the interpretation of contracts is correct?
Which statement regarding the interpretation of contracts is correct?
What type of subrogation occurs by the agreement of the parties?
What type of subrogation occurs by the agreement of the parties?
What governs the obligations arising from the written instrument establishing fundamental government powers?
What governs the obligations arising from the written instrument establishing fundamental government powers?
What defines a real obligation?
What defines a real obligation?
Which statement is true about voluntary payment of a third person for a prescribed debt?
Which statement is true about voluntary payment of a third person for a prescribed debt?
Under what condition can a payment to a third person be considered valid?
Under what condition can a payment to a third person be considered valid?
Which type of contract is characterized as unenforceable due to the vitiation of consent?
Which type of contract is characterized as unenforceable due to the vitiation of consent?
What is the nature of a facultative obligation?
What is the nature of a facultative obligation?
In terms of donation of movables, what is the correct form required for items valued above Php 5,000.00?
In terms of donation of movables, what is the correct form required for items valued above Php 5,000.00?
Which statement concerning innominate contracts is accurate?
Which statement concerning innominate contracts is accurate?
Which of the following contracts cannot undergo reform?
Which of the following contracts cannot undergo reform?
Which statement about the burden of proof concerning valid payment is correct?
Which statement about the burden of proof concerning valid payment is correct?
Which type of subrogation arises from mutual agreement between parties?
Which type of subrogation arises from mutual agreement between parties?
Flashcards
Payment to third party validity
Payment to third party validity
Payment to a third party is valid only if it benefits the creditor, and the burden of proof is on the creditor.
Reformable contract examples
Reformable contract examples
Contracts of sale of real property (private instruments), contracts of pledge, and some partially executed loan agreements can be reformed.
Donation of movables requirements
Donation of movables requirements
Donations of movable property must be in writing if exceeding a certain value (e.g. PhP 5,000) and be in a public instrument.
Contract interpretation ambiguity
Contract interpretation ambiguity
Signup and view all the flashcards
Negotiated subrogation
Negotiated subrogation
Signup and view all the flashcards
Source of constitutional law
Source of constitutional law
Signup and view all the flashcards
Nature of Innominate Contracts
Nature of Innominate Contracts
Signup and view all the flashcards
Real Obligation Example
Real Obligation Example
Signup and view all the flashcards
Payment to a Third Party
Payment to a Third Party
Signup and view all the flashcards
Reformable Contracts
Reformable Contracts
Signup and view all the flashcards
Donation of Movables
Donation of Movables
Signup and view all the flashcards
Contract Interpretation
Contract Interpretation
Signup and view all the flashcards
Innominate Contracts
Innominate Contracts
Signup and view all the flashcards
Real Obligation
Real Obligation
Signup and view all the flashcards
Study Notes
Payment to a Third Person
- Payment to a third person is valid only if it benefits the creditor, and the creditor bears the burden of proof.
Reformable Contracts
- Contracts of sale of real property in private instruments can be reformed.
- Contracts of pledge can be reformed.
- Contracts of simple donation can be reformed.
- Partially executed contracts of loan can be reformed.
Donation of Movables
- Donations of movables are typically made in a public instrument.
Contract Interpretation
- If a contract has multiple meanings, it should be interpreted in a way that makes it effective.
- The rules of interpretation in the Rules of Court are also relevant in contract construction.
Subrogation by Agreement
- Conventional subrogation is subrogation by agreement of the parties.
Source of Obligation from Fundamental Government Powers
- An obligation arising from a written document establishing fundamental government powers originates from the Constitution.
Obligations with Multiple Possible Performances
- An obligation where multiple things are owed, but only one performance is sufficient, is an alternative obligation.
Innominate Contracts
- Innominate contracts are governed by the agreement of the parties, and by analogous contracts.
Real Obligations
- Obligations to give tangible property (e.g., a car) are real obligations.
Voidable Contracts
- Contracts with vitiated consent (e.g., due to mistake, violence, or fraud) are voidable.
Payment by Third Party
- Voluntary payment of a debt by a third party, without the debtor's knowledge, is subject to reimbursement.
- Natural obligations, not based on positive law, do not create a right of action.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
