Professional Documents
Culture Documents
1. Sources of obligation
follow-up: several actions available to the plaintiff
(crime, quasi-delict and breach of contract of carriage),
what is the best action to take, what are the defenses
available to the employer in each action
2. Obligation with a period
follow-up: potestative conditions
3. Reformation of contracts
4. Assignment of credit vs. voluntary subrogation
(estimated around 30-45 minutes)
1) stipulation pour atrui
FOLLOW UP: can 3rd party in pour atrui assail entire
contract; pour atrui is the exception to what; other kinds
falling in the classification of pour atrui
2) tender of payment & consignation
3) consent in contracts (entire thing)
4) application of payment
afterwards, dahil bored/inaantok siya, sir gave me A BAR
QUESTION. so kung may iba sa inyo na ganyan & you really
want to be sure, start looking na sa adapt (i think meron?).
my bar question is an ENTIRE SITUATION, with issues falling
into 2 types: WON LEGAL COMPENSATION OR NOVATION, AND
VALIDITY OF FORECLOSURE. ayan, buti nalang nagtrabaho nako
dati kaya may alam alam ako sa foreclosure kahit onti
haha.
BUT ESSENTIALLY, IF YOU ENCOUNTER SOMETHING U DO NOT KNOW,
always CONNECT IT TO WHAT YOU KNOW NA LANG =)
These are the questions that I answered:
1. Kinds of Prestations and their nature
2. Modes of breaching an obligation
outside ng rum ni sir labitag sa law center maghihintay. . it's ok naman if you go in the
morning.. when i went there at 11, the ones from section B were all there na..
here are the questions he asked me:
1. kinds of prestations and their nature
2. stipulation pour autrui
3. rights of a solidary creditor
4. obligations with a penal clause
mjo maraming follow-up questions si sir.. here's the ones that i could remember:
1. in the obligation to deliver the fruits, isn't it true that in the end, the debtor gets the
fruits instead of the creditors?
2. is there a stipulation pour autrui in a letter of credit?
3. what's the general rule in obligations with a penal clause, as to creditor? as to
debtor? exceptions?
yan na lang so far yung naaalala ko... :)
1. unenforceable contracts
2. laws on interest
3. defense of a solidary debtor
4. undue influence that vitiates consent
pinapasulat nya ang thoughts natin before
answering..yung 4th topic answer agad.
di ko maremember lahat ng follow-up questions.
here's
what i remember:
1. can an interest be charged over an interest?
2. meaning ng forbearance
3. specifics ng contracts covered by the statute of frauds:
like sale of goods, chattels and things in action
(hindi ko nasabi ang things in action kc hindi ko naman
memorized yan..hellerr. .).. ano daw ang things in action.
ano ang mga sinusulat sa sales book kung yung sa auction.
(grabeh noh!?hindi ko nasabi lahat pero ok lang naman sa
kanya)
4. he asked for examples ng defenses of a
solidary debtor
5. requisites ng undue influence..circumst ances
to be considered..
If a debtor does not take care of the thing, can the creditor file an action in
court? (NOTE: the suspensive condition has not yet been fulfilled.)
AS and AP: The action is... AS - primary and/or subsidiary? AP- primary
and/or subsidiary?
Can a creditor filing AS also claim under AP? (can a creditor who files an AS
in court also claim AP by the same action?)
3. Who may pay?
When a 3rd person without interest pays the obligation and doesn't want to
be reimbursed, can the debtor file an action to in order to reimburse him. Follow-up
questions to this follow-up question: (... i said he can claim damages, then he asked me
based on what legal provision, i said in rpc blah blah, then he asked me, how about in
the civil code? he asked some other follow-up questions about this din, before
Where in the Civil Code (limited to OBLICON part) can the provision with
respect to Minors 18-21 be found?
4. Defective Contracts
What is the period of prescription for uneforceable contracts? How about void
and inexistent?
with respect to the four contracts, can they all be assailed throught direct
action? How about subsidiarily?
Who can assail void and inexistent contracts? Can void and inexistent be
assailed by the government?
Ayan here are some of the questions/ Topics that was asked to me during my oral
exam:
1. defective contracts
2. joint indivisible obligations
3. payments
4. defective contracts
tas guys sir will do an acting job na inaantok xia at parang nde nakikinig pag nagrerecite
kau sa kanya.. sa case ko i think na pag tama ung sinasabi ko eh parang nde xia
interested tas pag may sablay na parang medyo alanganin eh dun xia mdyo magigising.
tas keep on talking lang. remember na lang ung rule nya na "unless u say it eh the
presumption is that you do not know" so daldal lang kau basta tingin nyo mdyo related
sa topic nyo. dont be afraid na humaba ung usapan. basta pasado tayo un ang impt. tas
ung sa bunutan ng topics eh u can actually see the topic kasi nde naman xia nka fold
masyado so there... u just need a little bit of dexterity para mabunot mo ung topic na
gusto mo pag nakita mo xia. tas ang order ng mga tao dun is that mauna matapang...
pag nauna ka eh u set the bar for the rest... so mdyo advantage kaya wag matakot
mauna... at chaka para na din sakale palpak ung nauna eh d kau ma prejudice kasi na
foul-mood si sir labits... lastly be prepared kasi sir will sometimes jump topics and also
asked you different situations and examples. so there!
Here are the topics I discussed:
(1) Exceptions to the applicability of Fortuitous Event
(2) Causa of Contracts
(3) Natural Obligations
(4) Kinds of Conditional Obligations
(5) In pari delicto Rule
Sa Void or Inexistent contracts, nature of the contract, prescription, can it be cured, how
can it be assailed. Tapos pinarecite sakin yung Art. 1409. Tapos in pari delicto rule 1411.
Tapos yung Art.1412 kung hindi criminal offense. Tapos general expression nung
exception which is Art. 1416 tapos nagpa-enumerate nung other exceptions (hours,
minimum wage, prices, etc.)
Sa accion pauliana, ayun parang yung nasa diagrams ni Sir. Tatanungin niya kung
saang parts/provisions siya makikita. Who files? Purpose? Nature (as subsidiary
remedy)? Tapos pumunta kami sa recissible contracts tapos requisites. So bali Art. 1177
muna tapos tumalon sa Art. 1381 sa recissible contracts. Tinanong niya ko ng exact
article numbers! Pinadifferentiate rin from accion subrogatoria tapos nagtanong kung
pano ire-relate sa status ng creditor at debtor (so remedy ng creditor tapos fraud by the
debtor etc.)
Sa Form of Contracts, general statement nung Art. 1356 about contracts being
obligatory however blah blah and the exception. Tapos pina-enumerate niya yung
examples na nasa outline/diagram na kailangan formal or solemn. Yung sale of large
cattle, antichresis, donation of real property, stipulation to pay interest etcetera.
Nalimutan ko yung chattel mortgage at ayun iniintay niya ko bago ko sinabi na i can't
remember the last one. Tapos pinaenumerate niya yung Art. 1358 na contracts which
must appear in a public document. After nun, nagbigay siya ng situations just to test
kung naaply mo yung enumeration sa 1358 at yung solemn contracts.
May isa siyang tanong sa forms of contracts na napunta tuloy kami sa unenforceable
contracts, sa statute of frauds na about a public document and the sufficiency of a note
or memorandum. I can't remember exactly pero yun yung last question sa akin. After ko
siya masagot, pinapirma na ako sa attendance and tapos na!
Pure and Conditional Obligations
Application of payments
(40 to 50 mins)
Payment
Compensation
Law on trusts
Offer and acceptance in contracts
(~40mins)
kinds of prestation
solidary obligations
mutuality and consensuality
reformation of instruments
principles and characteristics of contracts
mutuality
relativity
exceptions to relativity
(~50mins)
Joint v solidary obligations
loss, deterioration and improvement of thing
duress and undue influence
recissible
(1hour 10mins)
divisible and indivisible
classification of obligations
formalities on sale of real property
defenses of a solidary co-debtor
additional: sources of obligations
(~40mins)
joint obligations
conventional subrogation v assignment of credit
accion directa
penalty v performance
EVERYTHING Novation
follow ups: legal subrogation
example implied novation
(~35mins)
classification of contracts
loss of thing due
which cases does fraud occur
reciprocal obligations and remedies in case of breach
(30 to 40 mins)
implied/express novation
objective novation
solidary obligations
elements of a contract