Question 47
Upon non-payment or default of the
antichretic debtor of the principal obligation,
may the antichretic creditor automatically
appropriate the real property used as security?
Group of answer choices
a. No because it is pactum commissorium
which is prohibited by law and public
policy.
b. Yes because it is the right of the creditor.
c. Yes if it is agreed upon by the parties.
d. Yes because the prohibition against
pactum commissorium is not applicable
to contract of antichresis.
Question 48
G was appointed as the guardian of M who
owns a car valued at P1M. M orally sold the car
only for P0.7M to B with 10% down-payment
already paid. What is the status of the contract?
Group of answer choices
A. Valid
B. Voidable
C. Rescissible
D. Unenforceable
Question 49
A owes B P10,000 to be paid after one year. As
security A mortgages his car in favor of B. If
before due date the car is lost by fortuitous
event:
Group of answer choices
a. A does not lose the benefit of the period
if he gives another security equally
satisfactory.
b. A does not lose the benefit of the period
because it was not stipulated.
c. A does not lose the benefit of the period
because he is not in delay.
d. A does not lose the benefit of the period
because no one shall be liable for
fortuitous event.
Question 50
Where a property is alienated to the creditor in
satisfaction of a debt in money.
Group of answer choices
A. Consignation
B. Application of payment
C. Dation in payment
D. Payment by cession
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