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-Mortgage- no delivery
Pledge-with delivery
The pledger must be the absolute owner
In real estate mortgage the mortgagor need to have a title
In chattel martgage should be an absolute owner too
Future mortgaged by the mortgagor is not applicable and no valid mortgage acquired coz hes not the
owner of the property
-innocent mortgagees like innocent buers for value is protected my law- good faith they only rely on
what apperars on the title presented to him
-forged SPA is valid mortgage but the agent must portgage the property in the name of the principal
-impostor- nullity
RIGHT OF AN OWNER OF PERSONAL PROPERTY PLEDGED W/OUT AUTHORITY
Example: the ring pawned in the pawnshop not his w/out aauthority form the owner
The owner can succesully get back the ring w/out need reimbursing the pawnshop for she was
unlawfully deprived of.
-right to foreclose upon failure of the debtor to pay
Pactum commissorium is void-contrary to good morals and public policy- creditor cannot appropriate
null and void xa
Chapter 2 PLEDGE
Chapter 3 MORTGAGE
(immovalbes, alienable rights)
Kinds of mortgage
1. Conventional mortgage- constituted voluntary by the parties
2. Legal mortgage- required by law to secure performance of payment
3. Equitable mortgage- intention of the parties but the formalities are not complied with
-may a future property be the object of real mortgage? Generally NO,the thing must be construct,
install, attached or use.. dapat subject to wear nd tear
-it should be recorded in Registry of deeds – a matter of right -if not, binding pa din
-it extends to the natural accessions, improvements, growing frutis (must not have been harvested yet)
-maybe alienated w/formalities of the law
Kinds of foreclosure
1. Judicial- under Rule 68 of ROC
2. Extrajudicial under Art 1539-1540 in judicial sales
Redemption in mortgages
-1 year from and after the date of registration of the cert of sale w/ appropriate Registry of Deeds
-2years from the egistration of the sheriffs cert of sale
If the mortgator fails to exrcise such right he or his heirs may still repurchase the land w/in 5
years from the expiration of the two (2) year redemption period
Kind of redemption
1. Right of redemption- right to redeem w/in a certain period after it has been sold for satisfaction
of debt
2. Equity of redemption- judicial foreclosure/confirmation of the sale by the court
Reckoning Time -90 days period is a mandatory requirement otherwise, the order directing the sale is
void.
Chapter 4 ANTICHRESIS
-is a contract wherein the creditor acquires the right to receive the fruits of an immovable of his debtor,
w/the obligation to apply them to the payment of the interest, if owing, and thereafter to the principal
of his credit.
-the amount of principal and of the interest shall be specified in writing; other wise the contract shall be
void.
-oblige to pay the taxes, unless theres stipulation
-bound to bear the expenses necessary for its preservation and repair
-the sums spent shall be deducted to the fruits
-the contracting parties may stipulate that the interest upon the debt be compensated w/the fruits of
the property w/is object of the antichresis
EXTRA-CONTRACTUAL OBLIGATIONS
-The officious manager shall perform his duties w/all the diligence of a good father of a family,
-he wil pay the damages in case made afault
-if he delegates it to another person he shall be liable for acts of the delegate w/out prejudice to the
direct obligation toward th ower of the business
-officious manager is liable for any fortuitous event except when the management was assumed to save
the property or business from imminent danger
-the owner is also liable for hes enjoying also the benefit
-withdrawal,repudiation, death, civil interdiction, insanity or insolvency of either property extinguished
cause of the management
Section 2 SOLUTIO INDEBITI
-If something received when there is no right to demand I, unduly delivered through mistake, the
obligation to return it arises.
-when the property delivered or money paid belongs to a third person the payee cannot demand that
the payor should prove his ownership
-if discovered the true owner he must be notified, if not claimed w/in 30 days the payee shall be relieved
of all the responsibility by returning the thing to the payor-
If stolen property, but acquisition is not lawful the payee must return the same to the payor to avoid any
liability. The law provides, however if there’s a valid reason for retention, he may not return it but must
face possible consequences of his retention.
-if bad faith- should pay legal interest
-if in good faith and benefited and alienated it he shall return the price or assign the action to collect the
sum
-When the govt. upon the failure of any person to comply with health or safety regulations concerning
property, undertakes necessary work, even over his objection –hi liable to pay expenses
- Two or more movables by accident or fortuitous even if commingled or confused –Co-ownership is
applicable
In small community, if someone objects a plan for the security of all and benefited the same- he shall be
liable to pay his share