Law: Obligations, Contracts, and Rights

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Questions and Answers

Under what circumstances, as defined by Article 3, Section 6, can a person's right to travel be restricted?

A person's right to travel can be restricted in the interest of national security, public safety, or public health, as provided by law.

According to Article 1477, when does the ownership of a sold item transfer to the buyer?

Ownership transfers upon the actual or constructive delivery of the item to the buyer.

If a partner fails to contribute the promised sum of money to a partnership, what does Article 1788 state they are liable for?

The partner becomes a debtor for the interest and damages from the time they should have complied with their obligation.

Briefly explain the essence of Article 3, Section 1 concerning the deprivation of life, liberty, or property.

<p>No person can be deprived of life, liberty, or property without due process of law, and all individuals are entitled to equal protection under the law.</p> Signup and view all the answers

What is the primary purpose of the Maceda Law (Republic Act No. 6552)?

<p>To protect buyers of real estate on installment payments against onerous and oppressive conditions.</p> Signup and view all the answers

According to Article 1305, what is the essential element that constitutes a contract?

<p>A meeting of minds between two persons.</p> Signup and view all the answers

In the context of Article 1156, what three actions does an obligation encompass?

<p>To give, to do, or not to do.</p> Signup and view all the answers

What are the three options available to a vendor in a contract of sale of personal property payable in installments, as per Article 1484?

<ol> <li>Exact fulfillment of the obligation.</li> <li>Cancel the sale.</li> <li>Foreclose the chattel mortgage on the thing sold.</li> </ol> Signup and view all the answers

Under the Recto Law, when can a vendor cancel a sale of personal property payable in installments?

<p>When the failure to pay covers two or more installments.</p> Signup and view all the answers

Explain the concept of 'due process of law' as it relates to Article 3, Section 1 of the constitution.

<p>It ensures fairness and reasonableness in legal proceedings, requiring notice and an opportunity to be heard before life, liberty, or property is taken away.</p> Signup and view all the answers

How does the Maceda Law protect real estate buyers who have made installment payments but can no longer continue doing so?

<p>It provides certain grace periods to make payments and entitles buyers to a refund of a portion of the payments made under certain conditions.</p> Signup and view all the answers

What does the phrase 'equal protection of the laws' mean in the context of Article 3, Section 1?

<p>It means that all persons similarly situated should be treated alike, both in the privileges conferred and liabilities imposed.</p> Signup and view all the answers

What are the limitations to the liberty of abode and of changing the same within the context of Article 3, Section 6?

<p>The liberty of abode can only be impaired upon lawful order of the court.</p> Signup and view all the answers

Distinguish between 'actual' and 'constructive' delivery in the context of Article 1477.

<p>Actual delivery is the physical transfer of the item, while constructive delivery is an act considered by law as equivalent to actual delivery.</p> Signup and view all the answers

How does the principle of 'meeting of minds' relate to the validity of a contract, as described in Article 1305?

<p>The &quot;meeting of minds&quot; signifies mutual consent between the parties on the object and cause of the contract, which is essential for its validity. Without it, the contract is void.</p> Signup and view all the answers

What are some examples of obligation 'to do' and obligation 'not to do'?

<p>An obligation 'to do' could be painting a house, whereas an obligation 'not to do' could be to not build a fence blocking a neighbor's view.</p> Signup and view all the answers

How does Article 1484 (Recto Law) protect a buyer who has paid a significant portion of the purchase price before defaulting?

<p>Even if the seller chooses to foreclose the chattel mortgage, the buyer might be entitled to some of the paid installments under certain conditions.</p> Signup and view all the answers

Explain the significance of the phrase 'juridical necessity' in Article 1156's definition of obligation.

<p>It means that the obligation is legally enforceable, and if not fulfilled, the creditor can seek redress through the courts.</p> Signup and view all the answers

In what ways might a partner's failure to contribute money, as per Article 1788, negatively impact a partnership?

<p>It could disrupt the partnership's financial stability, hinder its operations, and cause the partnership to miss out on business opportunities.</p> Signup and view all the answers

Give examples of situation where 'national security' and 'public safety' might justify restricting the right to travel?

<p>National security: travel ban to prevent a person from joining a terrorist group. Public safety: quarantine during a disease outbreak preventing travel from or to affected region.</p> Signup and view all the answers

Flashcards

Transfer of Ownership (Art. 1477)

Ownership transfers to the buyer upon actual or constructive delivery of the item.

Recto Law (Art. 1484)

Vendor options when a buyer defaults on installment payments for personal property: demand fulfillment, cancel the sale (with 2+ missed payments), or foreclose the chattel mortgage.

Obligation (Art. 1156)

A juridical necessity to give, to do, or not to do something.

Contract (Art. 1305)

An agreement where one party binds themselves to give something or render service.

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Partner's Delay (Art. 1788)

A partner delaying a contribution owes interest and damages from the time the obligation should have been fulfilled.

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Due Process and Equal Protection (Article 3, Section 1)

Guarantees life, liberty, and property rights, ensuring fair legal processes and equal legal protection.

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Right to Travel (Article 3, Section 6)

Protects travel, but it can be limited for national security, public safety, or public health reasons.

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Maceda Law (RA 6552)

Safeguards real estate installment buyers from unfair conditions, providing protection against oppressive terms.

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Study Notes

  • Upon actual or constructive delivery of a sold item, ownership is transferred to the buyer.

Recto Law (Article 1484)

  • Applies to installment sales of personal property.
  • If a buyer fails to pay, the seller has options:
    • Demand exact fulfillment of the obligation.
    • Cancel the sale if two or more installments are unpaid.
    • Foreclose the chattel mortgage on the sold item.

Obligation (Article 1156)

  • A juridical necessity to give, to do, or not to do something.

Contract (Article 1305)

  • A meeting of minds between two parties.
  • One party commits to give something or provide a service to another.

Partner's obligation (Article 1788)

  • A partner who fails to contribute money as agreed becomes a debtor.
  • The partner is liable for interest and damages from the time the contribution was due due to delay.

Constitutional Rights (Article 3, Section 1)

  • Guarantees due process: No person shall be deprived of life, liberty, or property without due process of law.
  • Guarantees equal protection: No person shall be denied equal protection of the laws.

Right to Travel (Article 3, Section 6)

  • The right to travel can only be restricted if it is in the interest of national security, public safety, or public health, and as provided by law.
  • The right to abode can only be restricted upon a lawful order of the court.

Republic Act No. 6552 - Maceda Law

  • Protects real estate buyers making installment payments.
  • Safeguards buyers from burdensome and oppressive conditions.

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