solution

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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