Assignment

On January 22, we will cover parts I, II.A and II.B of the course outline.

1. Please study:

(a) the following articles of the Civil Code: Arts. 1933-1952 [Reference guide: De Leon, pp.
1-32]

(b) the following cases:

(i) Pajuyo vs. Court of Appeals, 430 SCRA 492 (2004)
(ii) Quintos vs. Beck, 69 Phil. 108 (1939)
(iii) Republic vs. Bagtas, 6 SCRA 262 (1962)

2. Please read the following articles of the Civil Code: Arts. 37-39, 46, 418, 725, 1163,
1207, 1231, 1287, 1316, 1318, 1327, 1347-1350, 1356-1358, 1954.

3. Please read “Credit Transactions Contract Analysis” found in the Materials page of
this course site.

Learning objectives

You must learn the following:

1. What is “credit transactions”?

2. What is a loan? What are the types of loans?
3. What is a security? What are the types of security?
4. How is a loan different from a lease? A donation? A barter? A credit?
5. What is a commodatum? What are the types of commodatum?
6. What are the characteristics of a commodatum?
7. What are the essential requisites of a commodatum?
8. Is delivery of the thing required for a commodatum?
9. Who has legal capacity to enter into a commodatum?
10. What is the cause or consideration in a commodatum?
11. What is the object of a commodatum? Can a commodatum cover both movables and
immovables? What are the general requirements with respect to the object of commodatum? Are
the fruits of the thing covered by the commodatum?
12. Who are the parties to a commodatum?
13. Must the bailor be the owner of the thing loaned?
14. What do we mean when we say that commodatum is purely personal in character?
15. Is it necessary that a contract of commodatum be in a particular form (i.e., in writing)?
16. What are the obligations of the bailee?
17. What are the possible obligations of the bailor? Why dose say “possible obligations”?
18. Who among the parties bear the risk of loss and deterioration of the thing loaned? What do we
means when we say that a party bears risk of loss and deterioration?
19. What is the term of the contract of commodatum?
20. What are the causes for extinguishment of the contract of commodatum?