Consensual vs.

Real Contracts; Kinds of Real Contracts

(1998)

Distinguish consensual from real contracts and name at least

four (4) kinds of real contracts under the present law. [3%]

SUGGESTED ANSWER:

CONSENSUAL CONTRACTS are those which are perfected

by mere consent (Art. 1315. Civil Code). REAL

CONTRACTS are those which are perfected by the delivery of

the object of the obligation. (Art. 1316, Civil Code) Examples

of real contracts are deposit, pledge, commodatum and simple

loan (mutuum).

Consideration; Validity (2000)

Lolita was employed in a finance company. Because she could

not account for the funds entrusted to her, she was charged

with estafa and ordered arrested. In order to secure her release

from jail, her parents executed a promissory note to pay the

finance company the amount allegedly misap