Font size
WorksheetsBUSINESS LAW FINAL EXAM
Total questions: 50
Worksheet time: 13hrs 30mins
Usurious
transactions shall be
governed by special
laws.
(a)
It is the contracting for or receiving
something in excess of the amount allowed by law
for the loan or use of money, goods, chattels (
something that a person owns other than land or
buildings. e.g furniture, tools) or credits.
(a)
Giving a sum of money, goods, or credit
to another, with a promise to repay but not a
promised to return the same thing.
(a)
(a) income produced by money in
relation to its amount and to the time that it
cannot be utilized by its owner. Interest s may
either be moratory (paid in contractual
obligations to pay a sum of money, or as the
stipulated advanced determination of the
damages due to the delay in fulfillment of the
obligation) or compensatory (interest on
obligations which have an extra contractual or
delictual origin)
“The receipt of the principal by the creditor without reservation
with respect to the interest, shall give rise to the presumption that
said interest has been paid. The receipt of a later installment of a
debt without reservation as to prior installments, shall likewise
raise the presumption that such installments have been paid. ”The
receipt of a later installment of a debt without reservation as to
prior installments, shall likewise raise the presumption that such
installments have been paid.
(a)
The creditors, after having pursued the
property in possession of the debtor to satisfy
their claims, may exercise all the rights and
bring all the actions of the latter for the same
purpose, save those which are inherent in his
person; they may also impugn the acts which
the debtor may have done to defraud them.
(a)
(a) is an action where the creditor hose
claims had not been fully satisfied, may go after the debtors
(third persons) of the defendant-debtor.
(a) is an action where the creditor files an action
in court for the rescission of acts or contracts entered into by
the debtor designed to defraud the former.
Subject to the laws, all rights acquired in virtue of an
obligation are transmissible, if there has been no
stipulation to the contrary.
(a)
Every obligation whose performance does not depend
upon a future or uncertain event, or upon a past event
unknown to the parties, is demandable at once.
Every obligation which contains a resolutory condition
shall also be demandable, without prejudice to the
effects of the happening of the event. (1113)
(a)
It is not
subject to any condition and no
specific date is mentioned.
Therefore, it is immediately
demandable.
(a)
(a) is an
obligation subject to a
condition.
A future and
uncertain event and can be a past
and unknown event.
(a)
A future and
certain event although unknown
when it will be going to happen.
(a)
Fulfillment of a suspensive condition will give rise to
an obligation or right.
Demandability is suspended until the happening of
the condition.
(a)
Fulfillment of a regulatory condition will extinguish an obligation or right already
existing. The obligation is already due and demandable but the happening of the condition will extinguish or terminate the obligation or the right required by virtue at the obligation.
(a)
When the debtor binds himself to
pay when his means permit him to
do so,
the obligation shall be deemed to
be one with a period, subject to the
provisions of Article
1197.
(a)
In conditional obligations, the
acquisition of rights, as well as the
extinguishment or loss of those already acquired,
shall depend upon the happening of the
event which constitutes the condition.
(a)
When the fulfillment of
the condition depends upon the sole will
of the debtor, the conditional obligation
shall be void. If it depends upon chance
or upon the will of a third person, the
obligation shall take effect in
conformity with the provisions of this
Code.
(a)
A condition suspensive in nature and depends upon
the sole will of one of the parties.
Either depends upon the will of the debtor or the
creditor.
(a)
If a suspensive condition depends upon
chance or upon the will of a third person,
the
obligation is valid.
(a)
Depends partly upon chance and upon the will of a
third person.
(a)
In conditional obligations, the
acquisition of rights, as well as the
extinguishment or loss of those already acquired,
shall depend upon the happening of the
event which constitutes the condition.
(a)
When the fulfillment of
the condition depends upon the sole will
of the debtor, the conditional obligation
shall be void. If it depends upon chance
or upon the will of a third person, the
obligation shall take effect in
conformity with the provisions of this
Code.
(a)
Impossible conditions, those contrary to
good customs or public policy and
those prohibited by law shall annul the
obligation which depends upon them. If the
obligation is divisible, that part thereof
which is not affected by the impossible or
unlawful
condition shall be valid.
The condition not to do an impossible thing
shall be considered as not having been
agreed
upon.
(a)
Which condition is contrary to the law of nature (nature of things or cannot be done).
Example: “I will pay you P20,000 if it will not be hot for one year in the. Philippines.”
(a)
A condition that are against the law, morals, good customs,
public order or public policy. For example, “I will give you P15,000 if you will threaten X by
shooting their house"
(a)
Effects of Impossible Conditions wherein the obligor has no intention to comply
with his obligation.
(a)
Effects of Impossible Conditions example is "I will give you P500,000 if you
go to the sun this year."
(a)
Condition is negative or not to do an
impossible thing.
(a)
This happens when the obligation is divisible.
(a)
In this case, the pre-existing obligation
remains valid and existing. The pre- existing
obligation remains valid and subsisting. Only
the legally impossible condition is void.
(a)
The condition that some event
happen at a determinate time
shall extinguish
the obligation as soon as the
time expires or if it has become
indubitable that the event will
not take place.
(a)
The condition that some event will not
happen at a determinate time shall
render the obligation effective from the
moment the time indicated has elapsed, or if
it has
become evident that the event cannot occur.
If no time has been fixed, the condition shall
be deemed fulfilled at such time as may have
probably been contemplated, bearing in
mind the nature of the obligation.
(a)
The condition shall be deemed fulfilled when
the obligor voluntarily prevents
its fulfillment.
(a)
Refers to an
obligation prevented by the obligor from
happening.
(a)
The effects of a conditional obligation to give,
once the condition has been fulfilled, shall
retroact to the day of the constitution of the
obligation. Nevertheless, when the obligation
imposes reciprocal prestations upon the parties,
the fruits and interests during the pendency of the
condition shall be deemed to have been mutually
compensated. If the obligation is unilateral, the
debtor shall appropriate the fruits and interests
received, unless from the nature and
circumstances of the obligation it should be
inferred that the intention of the person
constituting the same was different.
(a)
Which Article this example will fall?
A agreed to give B 5% of the commission if B could sell A’s property at a certain price. B found a buyer that agrees upon A’s terms. To evade the payment of commission agreed upon, A sold his property to the buyer at lower price without B’s aid.
(a)
Which article this example will fall?
Mr. A borrowed the amount of 5000 from Mr.B with the interest rate of 5% per month. After three months, A paid 5000 to Mr.B as payment for the principal amount borrowed. Mr. B recieved the amount without making any reservation as to the collection of interest.
Presumption: As if Mr.A paid the interest before the principal.
(a)
Which Article this example will fall?
Mr X borrowed P15000 from Mr. Y payable by installment within three months in the amount of P5,000 per month.
Ist month- Not paid
2nd month- Mr.Y received the amount of 5000 for the 2nd month without making any reservation as to the collection of the first installment.
Presumption: Mr.X is presumed to have paid the first installment
(a)
Which kind of obligation this example will fall?
"I promise to give Bryan Php 5,000.00 if he passes the school entrance exam; the obligation cannot be demandable at once but becomes demandable only upon Bryan’s passing the school entrance exam."
(a)
Which kind of obligation this example will fall?
I promise to support Bryan Php 3,000.00 per month until such time that he has already got a job, the obligation to give a monthly pension starts immediately but the moment Bryan got a job the obligation stops.
(a)
Which kind of obligation this example will fall?
“ I promise to give you P1,000, if you build a house for me in three months."
(a)
Which kind of obligation this example will fall ?
“ I will give you my land if a war breaks out next month.”
(a)
Which condition this example will fall?
“I will give you a house if you marry Carolina.”
(a)
Which article this example will fall?
“ I will give you a million peso if you can turn the straw turn into gold.
(a)
Which article this example will fall?
“ I will give you all my assets when it would not rain in May. “
(a)
Which article this example will fall?
A promised to give B a parcel of land if B will marry his daughter, C, this year. If C died or married someone else, or B has not still married C within the said year, the obligation of A to give is extinguished.
(a)
Which article this example will fall?
A sold B a parcel of land on condition that the price would be paid as soon as B had paid off the mortgage and other debts of the estate. A waited for some time, but since B had not yet succeeded in paying off the debts, A brought an action to cancel the sale.
(a)
BONUS QUESTION!!! :)
What is my Middle Name?
(a)
