Beruflich Dokumente
Kultur Dokumente
COMMODATUM/SIMPLE LOAN
1. The subject of commodatum.
2. effect of the stipulation that the bailee may make use of the fruits
Of the thing loaned.
3. when is the bailee liable for the loss of the thing even if it be due
To fortuitous event?
4. rule in case there are two or more bailees to whom a thing is
Loaned.
5. when can the demand that return of the thing loaned?
6. memoriePrecarium.
7. distinguish usufruct from commodatum and state whether these
May be constituted over consumable goods?
8. effects of acts of ingratitude committed by the bailee.
9. rule in the determination of interest, if it is payable in kind.
10.effects of the death of ether the bailor or the bailee.
11. when contract of commodatum is suspended.
12. the requisites for recovery of interest.
13. when is the borrower liable for the payment of interest even
Without stipulation?
14. would you consider deposits of money in banks and similar
Institutions, such as savings deposits and current account
Deposits, contracts of deposit or mutuum?explain.
15. victor borrowed P3000,000 housing loan from the bank with
18% per annum interest. However, the promissory note contained a
proviso
That the bank reserves the right to increase the interest within the
Limits allowed by law. By virtue of such proviso ,over the objections
Of victor, the bank increase the interest rate periodically until it
reached
48% per annum. Finally, Victor filed an action questioning the right
of the bank
To increase the rate p to 48%. The bank raised the defence that the
central
Bank of the Philippines had already suspended the usury Law. Study
the Defence.
B.DEPOSIT
C.GUARANTY/SURETY
1. Define guaranty and suretyship. Distinguish one from the other.
2. Memorize Continuing Guaranty, Continuing Surety ship, Continuing surety
ship Agreement and surety ship Agreement.
3. Indemnifications to the guarantor. Instances when allowed even before
having paid.
4. Benefit of Excussion/Exceptions. What is meant by the benefit of
excussion in favour of the guarantor? When can the guarantor not avail
himself of this benefit? When can a guarantor avail himself of this benefit?
What is the benefit division in favour of guarantors?
5. When may the guarantor obtain release from the guaranty or to demand
a security that shall protect him from any proceedings by the creditor and
from the danger of insolvency of the debtor.
6. Master the cases on material alteration.
7. Future debts, even if the amount is not yet known, may be guaranteed
but when can there can be no claim against the guarantor until the debt is
ascertained or fixed and his demandable?
8. Instances when the benefit of division among several guarantors under
article 2065 can be availed of.
9. What happens if A,B,C and D are co guarantors of Php1,000.00 and A is
released by the creditor WITH the consent of the other co-guarantors?
10.BF and GF are friends. Unknown to BF, a contract of guaranty was entered
into by BB in an obligation to CC where BF is the principal debtor. Study
the remedies.
11.Baguiwen borrowed Osams Ferrari. During a fire that broke out in
baguiwens garage, she had time to save only on vehicle and she saved
her taxi instead of the Ferrari.Remedies?
12.RG is a guarantor of the 50,000.00 indebtedness of PG to ZX, which
should be paid before August 16, 2015. RG made the payment without
notifying PG. Thereafter, PG without knowing that obligation was already
fulfilled had repeated the payment. What is he remedy of RG to recover
the amount paid?
13.Z furnished a bond in favour of X Company. X was then allowed to
withdraw the consigned goods to PNB. Thereafter PNB obligates Z to pay
the debt of X company. Before paying the said amount Z obtained a
solidary note from X Company. XX, as president of X Solidary to pay, upon
its obligation with Z. X Company was declared insolvent. Study the
remedies.
14.D obtained from C a 1957-1955 sugar crop loan in the amount of
Php40,200.00 secured by a chattel mortgage. As additional security, S
issued surety Bond in favour of C. three months later, C increased the
loan from Php40,200 to Php56,800 without the knowledge and consent of
S.D failed to liquidate the loan. What is the implication? Read the ruling of
the SC.
15.C Bank and D executed an overdraft agreement and pledge where in C
Bank granted D an overdraft from time to time on his current account with
C Bank not to exceed Php200,000.00. G executed an absolute guaranty in
consideration of the overdraft agreement, pledge and bound himself
jointly and severally liable to the bank. Later, D requested for extension to
the bank, who in turn granted with the condition that the interest will
increase and the amount of the overdraft will be reduced but the former
failed to pay their indebtedness on the date due. What is the extent of
liability of G considering the renewal of the overdraft without his
knowledge?
the car was wrecked during a typhoon on December 8, 2015 .Is jenelyn
liable?
23.Ari jointly and severely bound himself to ensure the loan of Apioten. He
used his hand as a security. Upon apiotens failure to pay the obligation,
the bank proceeded against Ariz. He raised the defence of excussion. Will
he be benefited?
24.Amurao is a guarantor of Php1,000,000.00 debt of Galagala to Gallente.
Later,however she was ousted for galagala was latter found not to be the
owner. Will Amurao be answerable for Gallente?
25.To secure the fulfilment og the obligation,up to the sum of Php10,000.00,
of cuptan under a contract with dote who agreed to deliver to
cupatanmechandise for sale on consignment under certain terms,
Goyagoy insurance company executed a bond of Php30,000.00. The value
of the merchandise received by cupatan exceeded Php10,000.00 in value.
Rillon Insurance company executed a bond of Php8,000.00 with the same
terms and conditions as the bond of goyagoy insurance company,the
understanding Between the parties being that this bond would respond
for the obligation of cupatan only insofar as it might exceed the amount of
Php10,000.00 secured by the bond of goyagoy insurance company. Dote
brought action against Goyagoy insurance company and rillomn insurance
company for the amount of Php7,000.00 which Cupatanrecognized but
was unable to pay. Is goyagoy Insurance company entitled to the benefit
of division?