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* Pari Passu
* What are the attributes of CASES:
property? - in equal footing
- Sigaan vs. Valenzuela
JUS: - Republic vs. bagtas
-
A. Utendi (+) *May he legally demand the
B. Vindi Candi (+) payment of the interest? JANUARY 28, 2018 (ABSENT)
C. Possedendi (+)
- agreement
D. Fruendi (x)
E. Dis Ponendi (x) - in writing, otherwise it is FEBRUARY 4, 2018
unenforeceable.
* Exemplary Damage DEPOSIT:
* “Compensatory interest”
* Contractual Breach A. Depository
- cannot be imposed by the B. Depositary
* “UNSECURED TRANSACTION” C. Perfection:
Court, but may impose other
What is the rationale behind damages ex: punitive a. “Real Contract”/Upon
this? damages Delivery
i. Conventional *Bank Account , Shares of Stock =
Deposit Chattel
“Implied Contract of Pledge”
1. Always
movable The Managements Acts as
property Depository: *Example of Judicial Deposit :
ii. Necessary/Legal No Payment = Hold Things 1. TCT
iii. Judicial
1. Ex: Hotel, SM 2. OCT = Original Certificate of
Transfer
Take note: Judicial Deposit: Personal /
Incorporeal
Mutuum
“Les Pen diens”
Commodatum
H.W.
Principal
1. Course of Attachment “Warehouse Receipt Law”
2. Replevin
“Principle of Autonomy”
3. Receivership Depository = Lien Over the _____.
“Contract of Deposit”
*Rules of Court = Rule 57
-safekeeping
*Constituted Judicial Fiat = Judicial “Warehouse Man Lien”
May the depository use the thing Order
deposited? No. Unless it is for
preservation or safekeeping. “Contract of Pledge”
“Pledge” 2. Real Estate Mortgage *Contract of Guarantee vs.
Sureytyship (*both are not
presumed, hence they must always
“What are the Accessory What will happen if there is no be in writing)
Contracts that may be entered payment?
*Which is Governed by
into…… for security?
A. Could enter into a new Statute of Frauds?
1. Pledge. Contact
* Which is consensual
a. Define a. Ex: Dacion En Pago
contract (perfected upn meeting of
b. “sanglaan” “pawnshop”
minds)?
(mutuum)
c. Commadatum, Foreclosure (Rule 68) * Which of the two must be
Mutuum, Deposit A. Judicial always reduced in writing to be
2. Art. 1245, NCC / Dacion En 1. Equity of enforceable? If enforceable, no
Pago Redemption case. Art. 1043 states that certain
3. “Pactum Commisorium” B. Extra-Judicial contracts must be reduced in
a. Not allowed 1. Right of writing.
b. Automatic Redemption
appropriation of the
thing itself INSOLVENT = more liabilities
FEBRUARY 11, 2018 instead of assets
Symbolic delivery may be in the None. Because of the absence of What are the attributes of
form of delivery by long hand or the expressed stipulation, the property?
lunga manu or short hand or brevi decree of care is always supplied
The right to use
manu. . . by law.
Jus posedendi. . .
Jus fruendi. . .
The right to destroy. . . Loan