Law on Obligation and Contracts
Chapter 2 - Problems Expand
1. S(seller) sold to B(buyer) on July 5, a Horse
named Silver to be delivered on July 20. However, on July 15, S sold again and
delivered to horse to T. Who has a better right to Silver?
Art. 1164 .The creditor has a
right to the fruits of the thing from the time the obligation to deliver it
arises. However, he shall acquire no real right over it until the same has been
delivered to him. (1095).
T has the better right to Silver than B.
2. S sold to B a specific refrigerator which S
agreed to deliver not later than July 31, S did not deliver the refrigerator on
said date. Is S guilty of legal delay?
Art. 1169. Those obliged to deliver or to do something
incur in delay from the time the obligee judicially or extrajudicially demands
from them the fulfillment of their obligation.
S is guilty of legal delay. The delay on the part of the debtor in fulfillment of the obligation. is called Mora solvendi.
3. S promised to deliver to B a female horse
named Suzie on July 10. Suzie gave birth to a colt on July 5.
a. What arte the obligation of S?
Art. 1163.(Duties of the Debtor in obligation to give a determinate thing)
Preserve the thing
Deliver the fruits of the thing
Deliver the accessions and the
accessories
Deliver the thing itself.
Answer for damages in case of
non-fulfilment or breach
b.Who has the right to the colt?
S has the right to the colt.
c. Who has lawful owner of Suzie in case it was
sold and delivered by S to T on July 8?
T is the lawful
owner of Suzie. T has a real right to Suzie.
4. D (debtor) borrowed P20,000 from C(creditor)
payable after 1 year? Is D liable to pay interest?
Art. 1175 unsurious transactions shall be governed by special
laws. D is liable to pay interest to C if:
They have
expressly stipulated that a certain amount of interest may be recovered by C,
There is a written agreement between D and C about the interest. The
payment of the interest is invalid if there is no agreement on the interest per year.
5. R(lessor) issued a receipt that E(lessee) has paid the rent for the months of March,2008. Can R still collect 5. from E the rents for January and February,2008?
5. R(lessor) issued a receipt that E(lessee) has paid the rent for the months of March,2008. Can R still collect 5. from E the rents for January and February,2008?
Art. 1176.The receipt of the principal by the
creditor without reservation with respect to the interest, shall give rise to
the presumption that said interest has been paid.
Yes, R can still collect the rents for January and February 2008 from E.
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