In a contract of sale with pacto de retro , the price is usually less than in absolute sales for the reason that

in the former, the vendor expects to reacquire or to redeem the property sold and thus recover the loss the vendor claims suffered by reason of the inadequacy of the price

in the former, the vendee expects to reacquire or to redeem the property sold and thus recover the loss the vendor claims suffered by reason of the inadequacy of the price

in the former, the vendor does not expect to reacquire or to redeem the property sold and thus recover the loss the vendor claims suffered by reason of the inadequacy of the price

in the former, the vendor expects to reacquire or to redeem the property sold and thus recover the loss the vendor claims suffered by reason of the adequacy of the price

What is the presumption in case of doubt?

Equitable mortgage is favored by law. A contract purporting to be a sale with the right to repurchase shall still be regarded as an equitable mortgage.

Equitable mortgage is favored by law. A contract purporting to be a sale with the right to repurchase shall not be regarded as an equitable mortgage.

Equitable mortgage is favored by parties. A contract purporting to be a sale with the right to repurchase shall still be regarded as an equitable mortgage.

Equitable mortgage is favored by law. A contract purporting to be a mortgage with the right to repurchase shall be regarded as a sale.

Presumption, an exception to the general rule

that doubts affecting an onerous contract shall be settled in favor of the greatest reciprocity of interests

that doubts affecting an onerous contract shall be settled in favor of the greater reciprocity of interests

that doubts affecting a gratuitous contract shall be settled in favor of the greatest reciprocity of interests

that doubts affecting an onerous contract shall be settled in favor of the least reciprocity of interests

In the absence of express agreement, the right to article 1601

shall last four years from the date of contract

shall not exceed ten years from the date of contract

the vendor may still exercise the right to repurchase within thirty days from the time the final judgment was rendered

Should there bee an agreement, the right to article 1601

shall not exceed ten years from the date of contract

shall last four years from the date of contract

the vendor may still exercise the right to repurchase within thirty days from the time the final judgment was rendered

In the case of real property, the consolidation of ownership in the vendee by virtue of the failure of the vendor to comply with the provisions of article 1616

shall not be recorded in the Registry of Property without a judicial order, after the vendor has been duly heard

shall be recorded in the Registry of Property without a judicial order, after the vendor has been duly heard

shall not be recorded in the Registry of Property without a judicial order, before the vendor has been duly heard

shall not be recorded in the Registry of Property with a judicial order, after the vendor has been duly heard

The right to repurchase is of a real character and should not be considered personal subject to exceptions.

This means that the vendor a retro cannot exercise right of redemption against a subsequent transferee for value and in good faith if his right is not properly registered or annotated

This means that the vendor a retro can exercise right of redemption against a subsequent transferee for value and in good faith if his right is not properly registered or annotated

This means that the vendor a retro cannot exercise right of redemption against a precedent transferee for value and in good faith if his right is not properly registered or annotated

This means that the vendor a retro cannot exercise right of redemption against a subsequent transferee for value and in good faith if his right is properly registered or annotated

The vendee is subrogated to the vendor's rights and actions.

A pacto de retro sale transfers ownership to the vendee although subject to the condition of repurchase.

As owner, the vendor may transfer or alienate the property to a third person.

The vendor can transfer ownership if the vendor is not the real owner.

As owner, the vendor enjoys the fruits of the property.

The creditors of the vendor cannot make use of the right of redemption against the vendee,

until after they have exhausted the property of the vendor

until after they have exhausted the property of the vendee

until before they have exhausted the property of the vendor

until before they have exhausted the property of the vendee

In a sale with a right to repurchase, the vendee of a part of an undivided immovable who acquires the whole thereof in the case of article 498,

may compel the vendor to redeem the whole property, if the latter wishes to make use of the right of redemption

may compel the vendee to redeem the whole property, if the latter wishes to make use of the right of redemption

may compel the vendor to redeem the partial property, if the latter wishes to make use of the right of redemption

may compel the vendor to redeem the whole property, if the former wishes to make use of the right of redemption

If several persons, jointly and in the same contract, should sell an undivided immovable with a right of repurchase,

none of them may exercise this right for more than their respective share.

all of them may exercise this right for more than their respective share.

none of them may exercise this right for less than their respective share.

some of them may exercise this right for more than their respective share.

The following statements pertain to redemption in joint sale by co-owners/co-heirs of undivided immovable. Choose the incorrect statement.

The right of a co-owner who chooses to redeem accrues to the benefit of the others.

The co-owners of an undivided immovable sold by them jointly or collectively and in the same contract with the right to repurchase, can exercise such right only as regards their respective shares.

Similarly, the co-heirs of the vendor of an undivided immovable, can exercise the right of redemption only for the respective portions they have inherited.

The vendee a retro can refuse partial redemption. He may require all the vendors or all the heirs to redeem the entire property or to agree to its redemption by any one of them.

The following statements pertain to redemption in joint sale by co-owners/co-heirs of undivided immovable. Choose the correct statement.

The right of a co-owner who chooses not to redeem accrues to the benefit of the others.

The co-owners of an undivided immovable sold by them jointly or collectively and in the different contract with the right to repurchase, can exercise such right only as regards their respective shares.

Similarly, the co-heirs of the vendee of an undivided immovable, can exercise the right of redemption only for the respective portions they have inherited.

The vendor a retro can refuse partial redemption. He may require all the vendors or all the heirs to redeem the entire property or to agree to its redemption by any one of them.

A co-owner cannot redeem more than the respective share in the co-ownership.

True, the redemption by a co-owner of the property in its entirety, shouldering the expenses therefor, does not make the co-owner the owner of all of it.

True, the redemption by a co-owner of the property in its portion, shouldering the expenses therefor, does not make the co-owner the owner of all of it.

True, the redemption by a co-owner of the property in its entirety, shouldering the expenses therefor, does make the co-owner the owner of all of it.

True, the redemption by a co-owner of the property in its entirety, but not shouldering the expenses therefor, does not make the co-owner the owner of all of it.

Each one of the co-owners of an undivided immovable who may have sold their share separately,

may independently exercise the right of repurchase as regards their own share, and the vendee cannot compel the co-owner to redeem the whole property.

may independently exercise the right of repurchase as regards their own share, and the vendor cannot compel the co-owner to redeem the whole property.

may independently exercise the right of repurchase as regards their own share, and the vendee can compel the co-owner to redeem the whole property.

may independently exercise the right of repurchase as regards the whole share, and the vendee cannot compel the co-owner to redeem the whole property.

Statement 1: If the vendee should leave several heirs, the action for redemption cannot be brought against each of them except for their own share, whether the thing be undivided, or it has been partitioned among them. Statement 2: If the inheritance has been divided, and the thing sold has been awarded to one of the heirs, the action for redemption may be instituted against him for the whole.

Neither of the statement is true.

The vendor cannot avail of the right of repurchase without returning to the vendee the price of the sale, and in addition:

The expenses of the contract, and any other illegitimate payments made by reason of the sale.

The unnecessary and useless expenses made on the thing sold.

The mere declaration by the vendor of the intention to exercise the right of repurchase is not sufficient to preserve the right of redemption.

True, the law requires that the offer must be a bona fide one and accompanied by a tender of the price agreed upon for repurchase.

True, the law requires that the offer must be a bona fide one and accompanied by a tender of the price agreed upon for purchase.

True, the law requires that the offer must be a bona fide one or accompanied by a tender of the price agreed upon for repurchase.

False, the law requires that the offer must be a bona fide one and accompanied by a tender of the price agreed upon for repurchase.

The following statements are the right of parties as to the fruits of land. Choose the incorrect statement.

If there were fruits at the time of sale and the vendor paid for them, the vendee must be reimbursed at the time of redemption as the payment forms part of the purchase price.

If there were fruits at the time of sale and the vendee paid for them, the vendee must be reimbursed at the time of redemption as the payment forms part of the purchase price.

If no indemnity was paid by the vendee for the fruits, there shall be no reimbursement for those existing at the time of redemption.

If the property had no fruits at the time of the sale and some exist at the time of redemption, they shall be apportioned proportionately between the redemptioner and the vendee.

Statement 1: The vendor who recovers the thing sold shall receive it free from all charges or mortgages constituted by the vendee. Statement 2: The vendor shall respect the leases which the vendee may have executed in good faith, and in accordance with the customs of the place where the land is situated.

Neither of the statement is true.

The following are the requisites for the right of legal redemption of co-owner to exist. Choose the incorrect statement.

The sale must be after partition.

There must be alienation of all or any of the shares of the other co-owners.

The sale must be to a third person or stranger, a non co-owner.

The following are the requisites for the right of legal redemption of co-owner to exist. Choose the incorrect statement.

The vendor must be reimbursed for the price of the sale.

The sale must be before partition.

The right must be exercised within the period provided in Article 1623.

The vendee must be reimbursed for the price of the sale.

The following are the requisites of legal redemption of adjacent owners of rural lands. Choose the incorrect statement.

The piece of rural land alienated must exceed one (1) hectare.

Both the land of the one exercising the right of redemption and the land sought to be redeemed must be rural.

The following are the requisites of legal redemption of adjacent owners of rural lands. Choose the incorrect statement.

The rural land sold must be separated by brooks, drains, ravines, roads and other apparent servitudes from the adjoining lands.

The piece of rural land alienated must not exceed one (1) hectare.

The vendee must be already own some rural land.

The rural land sold must not be separated by brooks, drains, ravines, roads and other apparent servitudes from the adjoining lands.

The following are the requisites of pre-emption and legal redemption of adjacent owners of urban lands. Choose the incorrect statement.

Such rural land was bought by its owner merely for speculation.

The piece of land is urban land.

The one exercising the right must be an adjacent owner.

The piece of land sold must be so small and so situated that a major portion thereof cannot be used for any practical purpose within a reasonable time.

The following are the requisites of pre-emption and legal redemption of adjacent owners of urban lands. Choose the incorrect statement.

The one exercising the right must not be an adjacent owner.

It is about to be resold, or that its resale has been perfected.

The piece of land sold must be so small and so situated that a major portion thereof cannot be used for any practical purpose within a reasonable time.

Such urban land was bought by its owner merely for speculation.

Quiz - Extinguishment of Sale

Authored by Judy Ramirez

Business

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FILL IN THE BLANK QUESTION

45 sec • 1 pt

It is a cause of extinguishment of sale wherein it means the extinguishment of all other contracts.

FILL IN THE BLANK QUESTION

45 sec • 1 pt

It is a cause of extinguishment of sale wherein it is recognized by the law of sales

FILL IN THE BLANK QUESTION

45 sec • 1 pt

It is a cause of extinguishment of sale wherein it is given special discussion by the Civil Code

FILL IN THE BLANK QUESTION

45 sec • 1 pt

It is the right which the vendor reserves to reacquire the property sold provided the vendor reimburses the vendee of the price, the expenses of the contract, any other legitimate payments made therefor and the necessary and useful expenses made on the thing sold and fulfills other stipulations which may have been agreed upon.

FILL IN THE BLANK QUESTION

45 sec • 1 pt

It shows the intention of the parties to make the property subject of the contract as a security for the fulfillment of an obligation

MULTIPLE CHOICE QUESTION

45 sec • 1 pt

The contract shall be presumed to be an equitable mortgage, in any of the following cases: (Choose the incorrect statement)

when the price of a sale with right to repurchase is unusually inadequate

when the vendor remains in possession as lessee or otherwise

when upon or after the expiration of the right to repurchase another instrument extending the period of redemption or granting a new period is executed

when the purchaser does not retain a part of the purchase price

MULTIPLE CHOICE QUESTION

45 sec • 1 pt

The contract shall be presumed to be an equitable mortgage, in any of the following cases: (Choose the incorrect statement)

when the purchaser retains a part for himself of the purchase price

when the vendor binds himself to pay the taxes on the thing sold

the real intention of the parties is that the transaction shall secure payment of a debt or the performance of any other obligation

when the vendee binds himself to pay the taxes on the thing sold

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Quiz - Extinguishment of Sale

It is a cause of extinguishment of sale wherein it means the extinguishment of all other contracts.

It is a cause of extinguishment of sale wherein it is recognized by the law of sales

It is a cause of extinguishment of sale wherein it is given special discussion by the Civil Code

It shows the intention of the parties to make the property subject of the contract as a security for the fulfillment of an obligation

The contract shall be presumed to be an equitable mortgage, in any of the following cases: (Choose the incorrect statement)

The contract shall be presumed to be an equitable mortgage, in any of the following cases: (Choose the incorrect statement)

In a contract of sale with pacto de retro, the price is usually less than in absolute sales for the reason that

What is the presumption in case of doubt?

Presumption, an exception to the general rule

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