LAW Study Guide

Study Guide
CHAPTER 1
1. Yes. Acc. Art.1160. Y is liable to X even if she did not give her consent. X fed Y’s child
and incurred expenses and this should be reimbursed by X to prevent anyone being
unjustly enriched or benefited at the expense of others.
2. Acc. Art.1162.Yes, because even if there is no pre-existing contractual relation between

them, X’s car was damaged due to the negligence of Y. If Y did not bump X’s car, X’s car
would not have been damaged. Thus, Y is liable to X for the damages.
3. Acc. Art.1158. X doesn’t have a right to ask for indemnity from R because there is no law
that requires
4. Acc. Art.1159. No, because when D loaned from C, he entered into a voluntary
agreement and D was willing and therefore the contract is valid. Thus, D should comply
with their agreement in good faith and does not have a legal justification to refuse
payment to C.
CHAPTER 2
1. 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. 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. a) 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) S has the right to the colt.
c) T is the lawful owner of Suzie. T has a real right to Suzie.
4. Art. 1175 usurious 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. 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.
CHAPTER 3
1. No. C cannot insist on paying him not later than August 30. In accordance with Article
1182 which states that “when the fulfillment of the condition depends upon the will of the
debtor, the conditional obligation shall be valid. If it depends upon chance or upon the
will of a third person the obligation shall take effect on the conformity with provisions of
this code. Considering the fact that B is the third person and it was agreed by C that he
will only pay the creditor if he (B) wants to. Therefore, C cannot insist B to pay him if the
due date is not yet passed.
2. The condition in this case is considered as suspensive wherein the obligation will
arise upon the fulfillment of the condition. Under Article 1182, the rule states that when
the fulfillment of the condition depends upon the sole will of the debtor, the conditional
obligation itself shall be void. However, as an exception, it is only applicable when the
obligation shall depend for its perfection upon the fulfillment of the condition and not
when the obligation is a pre-existing one. In the given situation, only the condition is void
since the obligation is a pre-existing one. Since D obliges himself to pay D after he has
paid his obligation to T; therefore, the re-existing obligation of D to pay C for his
indebtedness is still valid and won’t be affected by the potestative condition.
3. S can either demand action for specific performance (fulfillment) of the obligation with
damages, or demand action for rescission of the obligation with damages
4. No. I will not grant rescission because B is willing to pay the balance and only needs
more time. I will grant B a term for performance instead.
5. (1) If D's obligation does not depend upon a future or uncertain event.
(2) If D's obligation does not depend upon a past event unknown to the parties
(3) If the obligation depends upon a resolutory condition.
CHAPTER 4
1. D can require C to accept payment before December 31 as it is allowed by the law. It is
stated in Article 1196 that whenever in an obligation a period is designated, it is
presumed to have been established for the benefit of both the creditor and the debtor,
unless from the tenor of the same or other circumstances it should appear that the
period has been established in favor of one or of the other. This is only if D pays C the
10,000 plus the full interest it would have accrued by December 31. D should request C
to allow him or her to make early payments before the agreed date. C however can
refuse payment if the binding agreement does not have provisions for early payments.
2. It is stated in Article 1193 that obligations for whose fulfillment a day certain has been
fixed, shall be demandable only when that day comes. And obligations with a resolutory
period take effect at once, but terminate upon arrival of the day certain. A day certain is
understood to be that which must necessarily come, although it may not be known when.
If the uncertainty consists in whether the day will come or not, the obligation is
conditional, and it shall be regulated by the rules of the preceding Section. Therefore,
the obligation of D is conditional to give 10,000 to C because it is based upon the
death of the father of D.
3. According to Article 1193, under the “obligation with a period", an obligation with a period
is a kind of obligation where the performance of obligation is subject to a period, and
could be demandable whenever that period would expire. Such a period is 'a day certain'
that must come in the future. A period should be fixed by the parties and should be
established for the benefit of both the debtor and the creditor. On analysis it is to be
noted that even though it was not D's fault, still C can demand the amount from D
immediately. But if D provides a reasonable equal security to C, then C cannot exercise
the right to claim for immediate payment. In short, C can claim the amount
immediately from D, if equal security is not provided by D.

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2. Acc. Art.1162.Yes, because even if there is no pre-existing contractual relation between

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