ObliCon Final Departmental Exam Reviewer PDF
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Uploaded by SweetMossAgate4207
University of the East - Caloocan
2024
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This is a reviewer for the final departmental exam on Law on Obligations and Contracts. It covers key concepts like the classification of contracts, their validity, and stipulations. University of the East Caloocan, AY 2024-2025.
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SSOCIATION OF TAXATION AND LAW STUDENTS A BRILLIANCE, EXCELLENCE, AND SUPERIORITY HONORS’ SOCIETY HIYAS NG SILANGAN HONORS’ SOCIETY...
SSOCIATION OF TAXATION AND LAW STUDENTS A BRILLIANCE, EXCELLENCE, AND SUPERIORITY HONORS’ SOCIETY HIYAS NG SILANGAN HONORS’ SOCIETY UNIVERSITY OF THE EAST CALOOCAN A.Y. 2024-2025 LAW ON OBLIGATIONS AND CONTRACTS- FINAL DEPARTMENTALEXAM REVIEWER ote: The materials in this reviewer are intended for educational N Gratuitous Benefitwithout any equivalent or compensation. purposes only. All content remains the intellectual property of their respective authors and publishers. According to risks involved Sources: Commutative he equivalent of the prestation is already T The Law onObligationsandContracts(2016)(12thEdition),Hector determined from the moment of the perfection of S. De Leon & Hector M. De Leon, Jr. the contract. Obligations and Contracts (2020) (4th Edition), Andrix D. Domingo Notes in Business Law Volume 1 (2023), Fidelito R. Soriano Aleatory he equivalent of the prestation is not yet T determined anddependsuponthehappeningofan uncertain event. LAW ON CONTRACTS — — I. GENERAL PROVISIONS According to regulation rt. 1305. A contract is a meeting of minds between two persons A Nominate hose which have their own individuality and are T wherebyonebindshimself,withrespecttotheother,togivesomething regulated by special provisions of law. or to render some service. Innominate hosewhich lackindividuality andarenotregulated T Classification of Contracts by special provisions of law. According to their relation to other contracts Preparatory hose necessary as a preliminary step towardsthe T perfection of another subsequent contract. Art. 1306. Principal hose which can subsist independently from other T When is a contract consideredVALID? contracts. 1. Mutualassent-expressedthroughavalidofferandacceptance (Art. 1308); Accessory hose which can exist only as a consequence of T 2. Consideration - something of value exchanged between another prior contract. parties; 3. Capacity-allpartiesmusthavethelegalcapacitytoenterinto According to their perfection the contract; and 4. Legality- the contract must not cover illegal activities. Consensual hose which are perfected by the mereagreement T of the parties. Art. 1307. Real hose which require not only the consent of the T parties for the perfection, but also the delivery of Nominate contract the object. Those which have their own individuality and are regulated by special provisions of law. (e.g., contract of sale, contract of lease) According to their form ommon C or Those whichdo not requiresome particular form. Innominate Contract Informal Those which lack individuality and are not regulated by special provisions of law. pecial S or Those whichrequiresome particular form. Formal Kinds of innominate contract Terms According to their purpose O=give D T DES=give U ransfer T of e.g., Contract of Sale FACTO=do UT FACIAS=do Ownership onveyance C e.g., Contract of Commodatum . 1 o ut des- “IGIVEthat youGIVE.” D of Use 2. Do ut facias- “IGIVEthat youDO.” 3. Facto ut des- “IDOthat youGIVE.” endition of e.g., Contract of Agency R 4. Facto ut facias- “IDOthat youDO.” Services Rules on innominate contracts According to their subject matter 1. Stipulationsof the parties; 2. The provisions of the Civil Code onObligations andContracts; Things .g., ContractofSale,ContractofDeposit,Contract e 3. The rules governing themost analogous nominate contracts;and of Pledge 4. Thecustoms of the place. Services .g., Contract of Agency, Contract of Lease of e Services Art. 1311.Relativity of Contracts According to their vinculum which they produce General Rule Unilateral hose which give rise to anobligationfor onlyone T Contractstakeeffect onlybetweentheparties,theirassigns,and of the parties. heirs. Bilateral hose which give rise to reciprocal obligations for T xceptions E both parties. Contracts are not transmissible by: 1. Nature; or According to their cause 2. Stipulation; or 3. Provision of law. Onerous enefit through the giving of an equivalent or B compensation. Stipulation pour autrui A stipulation in favor of a third party. Final Departmental Mentoring Series |1 SSOCIATION OF TAXATION AND LAW STUDENTS A BRILLIANCE, EXCELLENCE, AND SUPERIORITY HONORS’ SOCIETY HIYAS NG SILANGAN HONORS’ SOCIETY UNIVERSITY OF THE EAST CALOOCAN A.Y. 2024-2025 LAW ON OBLIGATIONS AND CONTRACTS- FINAL DEPARTMENTALEXAM REVIEWER Classes of stipulations pour autrui Counter-offer Refers toqualified acceptance. 1. Those where the stipulation is intended for the sole benefit of such third person; and cceptance by A oesnotbindtheofferer,exceptfromthetimeit D 2. Thosewhereanobligationisduefromthe promiseetothethird letter or came to his knowledge. person which the former seeks to discharge by means of such telegram stipulation. Requisites of stipulation pour autrui 1. There must be astipulation in favor of a third person; Art. 1324. 2. Thestipulation must be a part, not the whole, ofthe contract; 3. The contracting parties must have clearly and deliberately Option conferred a favor upon a third person, not a mere incidental A preparatory contract granting a privilege to buy or sell at a benefit or interest; determined price within an agreed time. 4. Thethirdpersonmusthave communicatedhisacceptancetothe Must be supported by consideration. obligor before its revocation; and 5. Neither of the contracting parties bearsthelegalrepresentation Negotiation or authorization of the third party. Formallyinitiated by an offer. overning rules where a period is given to the offeree within G I.1 STAGES IN THE LIFE OF A CONTRACT which to accept the offer 1. If the period is not itself founded upon or supported by a Art. 1315 - 1316. consideration: The offeror isstillfreeand hastherighttowithdraw the Stages in the life of a contract offer before its acceptance. 1. Preparation or Negotiation Begins from the time the prospective contracting parties 2. If theperiod has a separate consideration: manifest their interest in the contract. A contract of “option” is deemedperfected,anditwould Formally initiated by anoffer. beabreachofthatcontracttowithdrawtheofferduring the agreed period. 2. Perfection or Birth of the contract Takes place when the parties agree upon the essential elements of the contract. Art. 1325 - 1326. 3. Consummation of the contract General Rule Theparties fulfillorperformthetermsagreeduponinthe Businessadvertisementsofthingsforsalearenotdefiniteoffers, contract, culminating in its extinguishment. but mere invitations to make an offer. II. ESSENTIAL REQUISITES OF CONTRACTS Exception If the business advertisements ofthingsforsaleappeartobea Art. 1318.There is no contract unless the followingrequisites occur: definite offer. (1)Consent of the contracting parties; (2)Object certain which is the subject matter of the contract; (3)Cause of the obligation which is established. II.1.2 CAPACITATE PERSONS Art. 1327. Classes of Elements of a Contract 1. Essential Elements - those without which no contract can Persons incapacitated to give consent validly exist. 1. Minors; a. Common - present in all contracts. 2. Insane persons; b. Special - present in certain specified contracts. 3. Demented persons; and c. Extraordinar or peculiar - those which are peculiar to a 4. Deaf-mutes who do not know how to write. specific contract. 2. N atural Elements - those presumed to exist in certain Art. 1328. contracts. Lucid Interval 3. A ccidentalElements-thosewhichexistonlywhentheparties A brief period during which an insane person regains sanity expressly provide for them. sufficienttohavethelegalcapacitytocontractandactonhisor her own behalf. II.1 CONSENT Art. 1319 - 1323. II.1.3 VICES OF CONSENT Art. 1329 - 1330. Itisafundamentalrulethat,beingconsensual,acontractisperfected * by mere consent. Vices of Consent (F.I.V.U.M) Fraud; Terminologies Intimidation; Consent anifested by the meeting of the offer and the M Violence; acceptance upon the thing and thecausewhich Un der influence; and are to constitute the contract. Mistake. Offer unilateral proposition made by one party to A * Contracts where consent is given by F.I.V.U.M areVOIDABLE. anotherfortheperfectionofthecontract.Itmust bedefinite, complete, and intentional. Characteristics of Consent 1. It should beintelligent. Policitacion n imperfect promise is merely an offer and A 2. It should befree. could not be considered a binding commitment. 3. It should bespontaneous. Final Departmental Mentoring Series |2 SSOCIATION OF TAXATION AND LAW STUDENTS A BRILLIANCE, EXCELLENCE, AND SUPERIORITY HONORS’ SOCIETY HIYAS NG SILANGAN HONORS’ SOCIETY UNIVERSITY OF THE EAST CALOOCAN A.Y. 2024-2025 LAW ON OBLIGATIONS AND CONTRACTS- FINAL DEPARTMENTALEXAM REVIEWER Circumstances to be considered Art. 1331-1334.Provisions for Mistake 1. The confidential,family,spiritualandotherrelationsbetweenthe parties; or Mistake 2. Thefactthatthepersonallegedtohavebeenundulyinfluenced Misunderstanding of the meaningor implication ofsomething. was suffering frommental weakness; or Awrong actionor statement proceeding from a faultyjudgment. 3. Thefactthatthepersonallegedtohavebeenundulyinfluenced wasignorant; or Mistake must be substantial(it should): 4. Thefactthatthepersonallegedtohavebeenundulyinfluenced 1. Refertothesubstanceofthethingwhichistheobjectofthe was infinancial distress. contract; 2. Refer to those conditions whichhaveprincipallymovedoneor both parties to enter into the contract; and Art. 1338 - 1346.Provisions for Fraud 3. Refer to the identity or qualifications that have been the principal cause of the contract. Fraud When through insidious words or machinations of one of the To invalidate consent, the error must be real andnotonethatcould * contracting parties, the other isinducedtoenterintoacontract have been avoided by the party alleging it. which, without them, he would not have agreed to. * Theerror must arise from facts unknownto him/her. Refers toall kinds of deception. Mistake of Fact v.s. Mistake of Law Dolo Causante v.s. Dolo Incidente Mistake of Fact Mistake of Law Dolo causante Dolo Incidente ( or Causal Fraud) (or Incidental Fraud) hen one or both of the W hen one or both of the W contracting parties believe that a contracting parties arrive at an Serious character. Not serious in character. factexistswheninreality,itdoes erroneous conclusion regarding not. the legal effects of a certain act he essential cause Some particular or accident of the obligations. T or transaction. of the consent. mistakeoffactwhichwillvitiate A A mistakeoflawdoesnotrender ffects E of dolo O bliges the person employing it to pay consent makes the contract the contract voidable. causante are the damages. voidable. nullityofthecontract and the Mistake of Law: Exception to the rule indemnification of 1. The mistake must be withrespect to the legal effectof an damages. agreement; 2. The mistake must bemutual; and Requisites of Dolo Causante(or Causal Fraud) 3. The real purpose of the parties must befrustrated. 1. Must have been employed by one contracting party upon the other; 2. Must haveinducedthe other party to enter into thecontract; Art. 1335 - 1336.Provisions for Violence and Intimidation 3. Must have beenserious; and 4. Musthaveresultedindamageandinjurytothepartyseeking Violence annulment. There is violence when in order to wrest, serious or irresistible forceis employed. Simulation of a contract 1. Absolute simulation Requisites of Violence A contract that has no substance asthepartieshaveno 1. The force employed to wrest consent must be serious or intention to be bound by it. irresistible; and It is void, and the parties may recover from each other 2. It must bethedeterminingcauseforthepartyuponwhomit what they may have given under the contract. is employed in entering into the contract. 2. Relative Simulation Intimidation Refers only to the content or terms of the contract. Whenoneofthecontractingpartiesiscompelledbyareasonable The agreement is still binding and enforceable between and well-grounded fear of an imminent and grave evil uponhis the parties and their successors in interest. person or property to give his consent. ○ Ostensible Act - the contract that the parties pretend to have executed. Requisites of Intimidation ○ Hidden Act - the true agreement between the 1. The intimidation must be the determining cause of the parties. contract; 2. The threatened act must beunjust or unlawful; 3. The threat must bereal and serious; and II.2 OBJECT OF CONTRACTS 4. It produces areasonable and well-grounded fear. Art. 1347 - 1349. Elements to consider in determining the degree of intimidation 1. Ageof the person; Kinds of object of contracts 2. Sexof the person; and 1. Things - not outside the commerce of men, including future things; 3. Conditionof the person. 2. Rights- not intransmissible; and 3. Service - not contrary to law, morals, good customs, public order or public policy. Art. 1337.Provisions for Undue Influence No contract may be entered into upon future inheritance except in * Undue Influence cases expressly authorized by law. When a persontakes improperadvantageofhispoweroverthe will of another, depriving the latter of a reasonable freedom of Future Inheritance choice. Anypropertyorrightnotinexistenceorcapableofdetermination at the time of the contract. Final Departmental Mentoring Series |3 SSOCIATION OF TAXATION AND LAW STUDENTS A BRILLIANCE, EXCELLENCE, AND SUPERIORITY HONORS’ SOCIETY HIYAS NG SILANGAN HONORS’ SOCIETY UNIVERSITY OF THE EAST CALOOCAN A.Y. 2024-2025 LAW ON OBLIGATIONS AND CONTRACTS- FINAL DEPARTMENTALEXAM REVIEWER Requisites true intention of the parties by 1. The succession has not yet been opened; reason of mistake, fraud, 2. The object of the contract forms part of the inheritance; and inequitable conduct, or accident. 3. Thepromissorhas,withrespecttotheobject,anexpectancyofa right which purely hereditary in nature. Art. 1366. II.3 CAUSE OF CONTRACTS Art. 1350 - 1355. Instruments that cannot be reformed 1. Simple donations inter videos wherein no condition is imposed; Cause 2. Wills; The essential reason which moves the contracting parties to 3. The real agreement is void. enter into the contract. The immediate, direct, and proximate reasonwhichjustifiesthe V. INTERPRETATION OF CONTRACTS creation of an obligation through the will of the contracting parties. Art. 1370 - 1379. Cause v.s. Motive Interpretation Cause Motive The act of making intelligible what was before not understood. Thedeterminationofthemeaningattachedtothewordswritten he essential reason for the T T he particular reason of a or spoken which make the contract. contract. contracting party whichdoesnot affect the other party. Cardinal Rule “The intention of the parties shall be accorded primordial consideration.” ○ Such intention is determined from the express terms of III. FORM OF CONTRACTS their agreement. Art. 1356 - 1358. VI. DEFECTIVE CONTRACTS certainformmaybeprescribedbylawforanyofthefollowing A Kinds of defective contracts (R.V.U.V) purposes: Re scissible contracts; 1. Form for validity of contract Voidable contracts; Non-observance renders the contract void and of no Un enforceable contracts; effect. Void and inexistent contracts. 2. Form for enforceability of contract Non-compliance therewith will not permit the contract; VI.1 RESCISSIBLE CONTRACTS although otherwise valid—to be proved or enforced by Art. 1380. action. Rescission 3. Form for greater efficacy or convenience of contract Aremedygrantedbylawtothecontractingpartiestosecurethe Wouldnotadverselyaffectthevalidityorenforceabilityof reparation of damages caused to them by a contract. the contract between the contracting parties themselves. Producesalesionorapecuniarydamagetosomeoneevenifthe contract is initially valid. Public Document Creates the obligation to return the object of the contract. An instrument authenticated by a notary public or a competent Does not lead to termination, but to abrogate it from the public official with the formalities required by law. beginning as if no contract has been made. The necessity of a public document is onlyforconvenience,andnot * Rescission v.s. Cancellation v.s. Resolution for validity or enforceability. Rescission Cancellation Resolution IV. REFORMATION OF INSTRUMENTS o declare a contract T ould W necessarily n action based on A void in its inception entail enforcement of the defendant’s Art. 1359 - 1365; 1367 - 1369. and to restore the its terms prior to the breach of faith, a parties to relative declaration of its violation of the Reformation positions as if no cancellation. reciprocity between A remedy in equity whereby a written instrument is made or contract has been the parties. construed to conform to the real intention of the partieswhere made. some error or mistake has been committed. oes not need to D Requisites of Reformation undergo judicial 1. There must have been a meetingofthemindsofthepartiesto intervention, unless the contract; upon disagreement 2. The instrument does not express the true intention of the between the parties. parties; and 3. Thefailureoftheinstrumenttoexpressthetrueintentionofthe parties is due to mistake, fraud, inequitable conduct or accident. Reformation v.s. Annulment Art. 1381. Reformation Annulment Rescissible contracts remain legally effective until set aside in a * here has been ameetingofthe No meeting of the minds. T rescissory action and may convey title. minds. Ward contract exists, but the written T A heconsentofoneoftheparties A person, usually a minor, who is under a guardian’s charge or instrument does not express the being vitiated by mistake. protection. Final Departmental Mentoring Series |4 SSOCIATION OF TAXATION AND LAW STUDENTS A BRILLIANCE, EXCELLENCE, AND SUPERIORITY HONORS’ SOCIETY HIYAS NG SILANGAN HONORS’ SOCIETY UNIVERSITY OF THE EAST CALOOCAN A.Y. 2024-2025 LAW ON OBLIGATIONS AND CONTRACTS- FINAL DEPARTMENTALEXAM REVIEWER Absentee Voidable v.s. Void A person who disappears from his domicile without leaving an Voidable Void agent to administer his property. ne in which the essential O O newhichhasnoforceandeffect requisitesforvalidityunderArticle from the very beginning. Art. 1382 - 1383. 1318 are present, but vitiatedby F.I.V.U.M(Art. 1329; page 4). Insolvency(Art. 1382) When the debtor has more liabilities than his assets. heactionforannulmentmustbe T T he action or defense for the brought within 4 years from the declarationoftheinexistenceofa Subsidiary Remedy(Art. 1383) timetheintimidation,violence,or contract does not prescribe. The exhaustion of all remedies by the prejudiced creditor to undue influence ceases; or from collect claims due him before rescission is resorted to. the time of the discovery of the mistake or fraud. rt.1384.Rescissionshallbeonlytotheextentnecessarytocoverthe A damages caused. Ratification(or confirmation) The act or means by virtue of which efficacy is given to a contract which suffers from a vice of curable nullity. Art. 1385. Requisites of Ratification Mutual Restitution 1. Thecontractshouldbetaintedwithavicewhichissusceptibleof Entails the return of the benefits that each party may have being cured; received as a result of the contract. 2. The confirmation should be effected by the person who is Bringing the parties back to their original status prior to the entitled to do so under the law; inception of the contract. 3. Itshouldbeeffectedwithknowledgeofthereasonwhichrenders Required in all cases involving rescission. the contract voidable; and 4. The reason which renders the contract voidable should have already disappeared. rt. 1386. Rescission referred to in Nos. 1 and2ofArticle1381shall A Effects of Ratification not take place with respect to contracts approved by the courts. 1. The action to annul a voidable contract is extinguished; hence, the contract becomes valid. 2. The contract is cleansed of its defect from the beginning. Art. 1387. Rescission v.s. Annulment Accion Pauliana The action to rescind contracts in fraud of creditors. Rescission Annulment Requisites of Accion Pauliana Basis L esion itiated consent or incapacity to V 1. The plaintiff asking for rescission has a credit prior to the (damage) consent alienation, although demandable later; 2. The debtor has made a subsequent contract conveying a Defect Extrinsic Intrinsic (in the meeting of the minds) patrimonial benefit to a third person; 3. The creditor has no other legal remedy to satisfy his claim; Action Subsidiary Principal 4. The act being impugned is fraudulent; Plaintiff ay be a Must be a party to the contract M 5. The third person whoreceivedthepropertyconveyed,ifitisby party or a onerous title, has been an accomplice in the fraud. third person This article presumes the existence of fraud made by a debtor. * Damage ust M be Damage to the plaintiff is immaterial * The presumption of fraud is not conclusive and may be rebutted by damage to satisfactory and convincing evidence. the plaintiff Indemnity I f plaintiff is N o bar to the prosecution of the Art. 1388 - 1389.Prescriptive period for action forrescission. indemnified, action rescission General Rule cannot The action to claim rescission must be commenced within 4 prosper years. ompati- C ompatible C A defect is presupposed Exceptions bility with the 1. For persons under guardianship perfect Within 4 years from the time of the termination of the validityofthe incapacity of the ward. contract 2. For absentees Purpose o prevent T T o prevent annulment, ratification is Within4earsfromthetimethedomicileoftheabsentee rescission, required. is known. ratification is not required. VI.2 VOIDABLE CONTRACTS Art. 1390 - 1402. VI.3 UNENFORCEABLE CONTRACTS Voidable Contracts(or annullable contracts) Art. 1403 - 1408. Existent, valid, and binding, although they can be annulled because of want of capacity or vitiation of consent. Unenforceable contracts It is valid until it is set aside. A valid contract that, because of some technical defect, cannot be fully enforced. Final Departmental Mentoring Series |5 SSOCIATION OF TAXATION AND LAW STUDENTS A BRILLIANCE, EXCELLENCE, AND SUPERIORITY HONORS’ SOCIETY HIYAS NG SILANGAN HONORS’ SOCIETY UNIVERSITY OF THE EAST CALOOCAN A.Y. 2024-2025 LAW ON OBLIGATIONS AND CONTRACTS- FINAL DEPARTMENTALEXAM REVIEWER The following contracts are unenforceable, unless ratified: longer valid. 1. Unauthorized contracts. Thoseenteredintointhenameofanotherpersonbyone S ince the obligation is prescribed, the debtor is not liable to who has acted beyond his powers. reimburse the payment made by the third person. ○ However, if he decides to reimburseit,hecannolonger 2. Those that do not comply with the Statute of Frauds. demand for return. Descriptive of statutes which require certain classes of contracts to be in writing. Purpose of the Statuteistopreventfraudandperjuryin Art. 1426. the enforcement of obligations. Applies only to executory contracts. Provisions The contractshallbedeemedinvalidwhenaminor,ages18-21, 3. T hose where both parties are incapable of giving consent to a has entered into it without the consent of the guardian or contract. parents. * Third persons cannot attack the validity of unenforceable contracts. A fter the annulment or cancellation of contract, the minor will return what he received. VI.4 VOID AND INEXISTENT CONTRACTS E ven though the minorisnotliabletoreturnforthepartofthe Art. 1409 - 1422. pricehehasnotbeenbenefitedfrom,ifhestillpaysit,hecannot demand for the return of the payment given. Void Contracts(or inexistent contracts) Onewhichhasnoforceandeffectfromtheverybeginning,asif it had never been entered into. Art. 1427. Produces no effect either against or in favor of anyone. Cannot be ratified; hence, there is no need foranactiontoset Provisions aside a void or inexistent contract. Whenaminorpaysvoluntarily,thereshallbenorighttorecover especiallywhenthecreditorortheobligeehasalreadyconsumed Principle of In Pari Delicto(or in equal fault) or used the fungible thing that has been delivered in good faith. A universal doctrine which holds that no action or suit can be ○ Consumed with good faith - the creditor does not have maintained arises from an illegal contract. any knowledge thereof. It connotes thattwoormorepeopleareatfaultorareguiltyof ○ Consumedwithbadfaith-thecreditorhasknowledgeof crime. the deal with such minor, yet still continued. Public Policy Principle of the law which holds that no subject or citizen can rt.1428.When,afteranactiontoenforceacivilobligationhasfailed, A lawfully do that which has a tendency to be injurious to the thedefendantvoluntarilyperformstheobligation,hecannotdemandthe public or against the public good. return of what he has delivered or the payment of the value of the service he has rendered. VII. NATURAL AND CIVIL OBLIGATIONS Art. 1423. rt. 1429. When a testate or intestate heir voluntarily paysadebtof A the decedent exceedingthevalueofthepropertywhichhereceivedby Natural Obligation v.s. Civil Obligation will or by the law of intestacy from the estate of the deceased, the Natural Obligation Civil Obligation payment is valid and cannot be rescinded by the payer. onotgrantarightofaction G D ive a right of actiontocompeltheir to enforce their performance. performance. rt. 1430. When a will is declared void because it has not been A executed in accordancewiththeformalitiesrequiredbylaw,butoneof ot enforceable by court Enforceable by court action. N the intestate heirs, after the settlement of the debts of the deceased, action. pays a legacy in compliance with a clause in the defective will, the payment is effective and irrevocable. ased on natural law. Based on positive law. (man-made B (universal and inherent in laws) our being) Art. 1424. Prescription The acquisition of ownership and other real rights under the conditions given by law. If the prescriptive period ends and the debtor voluntarily fulfills or * makes the payment, he can no longer recover the payment he has given. Art. 1425. Provisions A third person performs the obligation for the debtor even though the debtor is not legally bound by the obligation. ○ It becomes a natural obligation; hence, it is not enforceable by court action. ○ Therighttodemandortherighttosuethecreditorisno Final Departmental Mentoring Series |6
