2. Conditional Obligation writing If the condition is POTESTATIVE and SUSPENSIVE on 2. Authority is oral; Sale is oral the part of the debtor VOID 3. Authority is in writing; Sale is oral The rest are valid 4. Authority is oral Sale is in writing Potestative and resolutory on the part of the 18. Instances when an SPA is required debtor Valid Question: Which one is not? (Familiarize) Potestative and suspensive/resolutory on the part 19. Agency coupled with interest of the creditor Valid 20. Definition of one of the contracts of credit Hint: the meaning is given and these are the four choices: 3. The nature and effect of obligation a) Pledge If you are obliged to give something, what are your b) Real Estate Mortgage obligations? You should: c) Chattel Mortgage 1. Deliver d) Antichresis 2. Take good care of the thing 21. Characteristics of real estate mortgage 3. Deliver the fruits 22. Whatmay be object of chattel mortgage 4. Deliver the accessories and accessions 23. Pledge Will only apply if your obligation is to Question: Can the excess be recovered? deliver a determinate thing 24. Two modes of extinguishment of pledge Clue: If generic thing - FALSE If you return the thing 4. Place of payment Even if wala gi-return pero girenounce in Where would you pay? What are the rules? writing MUST BE IN ORDER 25. When is the BIR commissioner authorize to inquire into the 1. Stipulated place bank deposit of a person? 2. Domicile of the debtor (the creditor will go to the 26. Exception of bank secrecy law debtor) Specifically: Upon written consent of the 3. (If specific thing) the place where the thing was depositor at the time of perfection 27. Three functions of PDIC Upat man ang choices, so which one is not 5. The kinds of compensation 28. Coverage of PDIC Legal Question: What kind of risk are included? Facultative 29. What law governs savings and deposits of money banks? Judicial 30. Requirements when monetary board may authorize the Conventional organization of a bank or quasi-bank. 6. Basic principles of contract 7. Consent and acceptance Whats the effect of a counteroffer?
8. Stipulation pour atrui
9. Whats the status of the contract if consent is vitiated? 10. What is the effect if the object is not determinable? 11. Delivery When does a buyer acquire title Identify the dates when does the buyer becomes the owner 12. Remedies for breach of warranty against hidden defect Accion Redhibitoria Accion Quanti Minoris 13. Redemption of the share of co-owner Will only apply if the share of the co-owner was sold to stranger No redemption allowed if one co-owner sells to another co-owner 14. Effect of fortuitous event if the object is determinate or specific 15. Remedies of unpaid seller 16. Distinguish between: A factor or commission agent Del credere agent 17. Effects if the authority is in writing and the sale is oral (Refer to the four scenarios) Sale of land through agent; four scenarios:
Law School Survival Guide (Volume I of II) - Outlines and Case Summaries for Torts, Civil Procedure, Property, Contracts & Sales: Law School Survival Guides