1. What is a quasi-contract? 9.

Growing fruits while they are attached to the

land may not be proper objects of chattel
mortgage.

2. An oral real estate mortgage is void against

innocent third parties but valid between the 10. Define an agency coupled with an interest.
parties themselves.

11. A mortgage may be gratuitous.

3. An unregistered real estate may still be the
subject of foreclosure.
12. A mortgage follows the property whoever
the possessor may be provided there is a
4. A contract of antichresis that does not formal assumption of mortgage by the
specify the interest in writing although it transferee.
expressly mentioned the principal amount is
void and of no effect at all.

13. While the law does not specifically require

the delivery of possession of the property to
5. A lessee may mortgage the thing leased but the antichretic creditor, delivery has been
only valid during the effectivity of the lease. held to be a standard characteristic of a
contract of antichresis.

6. A mortgage made by a co-owner of a parcel

of land owned in common without the 14. All immovable properties may be the object
consent of the other co-owners produces no of a contract of antichresis.
legal effect.

15. The mortgage extends to both natural and

7. The nullity of a mortgage does not render artificial accessions.
null and void the principal obligation it
guarantees.
16. The parties must agree on the valuation of
the fruits for application to the interest and
8. A municipality may not mortgage a principal of debt.
patrimonial property being used as a public
market.
17. The parties may stipulate to share the taxes
and charges upon the estate during the
period of antichresis.
18. The expenses for preservation of the
property in antichresis shall be deducted
from the fruits of the same.
19. The obligation of two debtors in solution
indebiti is solidary.
20. To suppress rampant lawlessness in the
community, majority of the residents agreed
to hold a prayer rally. An atheist who
objected to the holding of the prayer rally
has no liability to pay a share of the expenses
for the event even if there was notable
peace in the community after the prayer
rally.
21-23. Give three rights of antichretic creditor.
24-26. Give three (3) obligations of an antichretic
creditor.
27. Stipulations in a contract of antichresis for
the extrajudicial foreclosure of the security is
void for lack of legal basis.
28. In a real estate mortgage, foreclosure
pursuant to the Act No. 3135cdies not require a
personal notice to the mortgagor.
29. In real estate mortgage and antichresis, the
deficiency or excess is for the account or credit
of the debtor unlike in the case of pledge.
30. Illustrate a “purchase money resulting trust”.
31. A survivorship agreement that upon the
death of one of joint account holders the full
amount of money in their account shall become
the property of the survivor is a valid aleatory
contract.
32. Betting in basketball games is valid because
basketball is a game of skill not of chance.
33. The insolvency of the guarantor entitles the
creditor to demand another guarantor even if
the creditor designated the guarantor.
34. Future debts of unknown amount may not be
guaranteed because there is yet no principal
obligation.
35. Guaranty must be express but exceptionally
it could be implied from the acts of the guarantor
as in a guaranty by estoppel.
36. The guarantor can bind himself for more than
what the debtor is liable but not for less.
37. If the parties avail of a contractual provision
for an utomatic extension, the guarantor will be
released.
38. In case of a merger between the debtor and
guarantor the guaranty is extinguished but a sub-
guarantor, if any, is not released.

39. There is no excussion in judicial guaranty.

40. When the principal obligation is modified by

agreement, the guarantor is released if he did
not agree to the modification even if the
modified obligation will be less onerous.

41. A remission in favor one of five guarantors

extinguishes the principal obligation but only to
the extent of 1/5.

42-47. Give six (6) example of legal pledge.

48. For all intents and purposes the pledge is

extinguished when the thing pledged is in the
possession of the pledgor.