Professional Documents
Culture Documents
CREDIT TRANSACTIONS
CONTRACT OF LOAN - By the contract of loan, one of the parties called the bailor or
lender delivers to another either something not consumable so that the latter may use
the same for a certain time and return it (COMMODATUM) or money or other
consumable thing upon the condition that the same amount of the same kind and
quality shall be paid (MUTUUM)
KINDS:
1. COMMODATUM - one of the parties delivers to another something NOT
CONSUMABLE so that the latter ay use it for a certain time
2. MUTUUM OR SIMPLE LOAN - One of the parties delivers to another money or other
consumable thing, upon the condition that the same amount of the same kind and
quality shall be paid.
COMMODATUM
- The bailee acquires the use of the thing loaned but not its fruits.
- Essentially gratuitous
- Purely personal in nature.
- Death of either bailor or bailee extinguishes the contract
- Bailee can neither lend or lease the object to third person
- Members of the bailee’s household may make use of the thing loaned unless there is
a stipulation to the contrary or unless the nature of the thing forbids such use.
3. Right of retention
4. Return of the thing
EXC: Bailor may ask for the return of the thing in:
1. Urgent need
2. Precarium
3. Acts of ingratitude.
SIMPLE LOAN OR MUTUUM - A person who receives a loan of money or any other
fungible thing acquires the ownership thereof and is bound to pay to the creditor an
equal amount of the same kind and quality.
GR: The interest due and unpaid shall not earn interest.
EXC: 1. Judicial demand.
2. Agreed upon the contracting parties.
- Usury is legally non existent. BSP Lifted the ceiling on interest. No more usurious rate of
interest at this time.
- Even if there is no usury, It may still be considered void for being contrary to morals
and public policy because it is unreasonable, unconscionable and confiscatory.
DEPOSIT - When one person delivers and other person receives a thing belonging to
another with the obligation of safely keeping it and returning the same.
KINDS:
1. Extrajudicial
1. Voluntary - Result of voluntary agreement
2. Necessary - Made in compliance of legal obligation
- Generally gratuitous.
VOLUNTARY DEPOSIT - The delivery is made by the will of the depositor. It may be
entered orally or in writing.
- A contact for the rent of safety deposit box is a special type of deposit. It is not a
lease if full and absolute possession and control is not given to the renter.
- In Free valet parking, company is constituted as depositary. The stipulation in the
parking stub that they will not be liable being a contract of adhesion is void.
OBLIGATIONS OF DEPOSITARY
1. Hold the thing and keep it safe through the exercise of due diligence
2. Return the thing
3. Liable for loss through his fault and negligence
4. Not to deposit to 3rd person unless stipulated.
- If allowed, he may not deposit it to person who is manifestly unfit.
5. Not to change the way of deposit
6. Not to use the thing deposited without the express permission of the depositor.
EXC: for preservation but only for that purpose.
7. Liable even in FE if:
1. Stipulated.
2. Uses the thing without depositor’s permission
3. Delays the return
4. Allows others to use it.
8. Depositary cannot demand that the depositor prove his ownership.
- If he discovered that it was stolen and has true owner, he must advise the true
owner. He must claim within 1 month. Or else depositary may be relieved of liability by
returning it to depositor
- If depositor’s heir who in GF have sold the thing which he did not know to be
deposited, he shall be bound to return the price he may have received or assign his
right of action against the buyer.
OBLIGATIONS OF DEPOSITOR
1. Pay consideration
2. Reimburse to depositary expenses incurred for preservation if gratuitous
3. Reimburse for any loss incurred by the character of the deposited thing
EXTINGUISHMENT
1. Loss or destruction
2. Death of either depositor or depositary if gratuitous
NECESSARY DEPOSIT
- because Legal obligation
- Takes place on occasion of any calamity
EX:
1. Hotels and inns
- Notice shall be given to employees
- Guests shall take the precautions
- Introduced or placed in the annexes of the place
- made by employees or STRANGERS but not from Force Majeure.
- Thief or robber is not force majeure
EXCEPT: Done with the use of arms or irresistible force.
- Any stipulation surpassing the responsibility of the hotel to the guests shall be void.
GUARANTY - A person called the guarantor binds himself to the creditor to fulfill the
obligation of the principal debtor in case the latter should fail to do so.
- Personal security
- Real security agreement (mortgage, pledge or antichresis) - property is given by way
of collateral.
- Accessory
- Obligation to be secured may be voidable, unenforceable, natural or conditional
- Subsidiary. He will only pay if principal debtor cannot pay
- Expressed. Not presumed.
- Covered by statute of frauds
- The security guaranteed is the principal obligation only unless indefinite in which case
both accessory and principal.
- Unless specific period is stipulated, it shall subsist with principal
- A guarantor may bind himself for less BUT NOT FOR MORE
- In Surety and guaranty, Future debts may be secured. But no claim may be allowed
until liquidated.
- Continuing guaranty or surety - projected series of transactions. But it must be
expressly provided.
QUALIFICATIONS OF G/S
1. Integrity
2. Capacity to bind himself
3. Sufficient property to answer obligation
- The G/S who pays is surrogated by virtue thereof to all the rights
- If G/S compromised, He cannot demand to debtor what he actually paid.
GUARANTY IS EXTINGUISHED:
1. Principal is extinguished
2. Creditor voluntarily accepts immovable or other property in payment of the debt
even if he should afterwards lose the same through eviction
3. Release by the creditor in favor of one of the guarantors without the consent of
others.
4. Extension granted to the debtor by the creditor without the consent of the
guarantor.
5. By some acts of the creditor they cannot be subrogated to the rights
- The mere failure of creditor to demand payment after debt became due does not
extinguish
SURETY GUARANTY
Solidary Subsidiary
- Acceptance does not give the surety a right to intervene in the principal obligation
- Surety’s role arises only upon principal debtor’s default
- Not an indispensable party
- Demand to pay is not necessary to make the surety liable. They are not even entitled
to notice of principal debtor’s default.
- Suretyship is extinguished if there is material alteration of the principal obligation
- No foreclosure. It is void
REQUISITES:
1. Property mortgaged
2. Stipulation for automatic appropriation by the creditor of the thing given as security
- In Dacion en pago - The assignment of property extinguishes the debt. In Pactum, The
property is initially given as security but later appropriated without foreclosure.
REQUISITES OF PLEDGE:
1. Constituted to secure the fulfillment of principal obligation
2. Absolute owner
3. Free disposal
4. Placed in the possession of the creditor or of a third person. Actual delivery must be
made not symbolic delivery
5. Take effect against third persons. It must appear in a public instrument
EXTINGUISHMENT
1. Thing is returned to the owner
2. Renounces and abandons
OBLIGATIONS OF CREDITOR:
1. Pay the taxes and charges upon the estate unless stipulation to contrary which are
deducted from the fruits
2. Bear the expenses necessary for its preservation and repair
LIQUIDATION - process where the assets of an insolvent debtor are disposed and
proceeds are divided among the creditors.
RULES:
1. Claims or credits with respect to specific properties should be satisfied first
2. The excess of the specific property after the payment of credits which enjoy
preference shall be added to free property
3. If there is excess, all other common credits shall be satisfied pro rata
- For specific personal properties, real preference is only to taxes. others will be paid
pro rata.
_____________________________________________________________________________________________
Sorry for all the typographical errors. Good luck and God bless you! Kindly pass
this or pay it foward! In God's perfect timing I know you will be the person you
aspire to be.
- Edward Arriba