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    Civil Law Review 2 - Quiz Anna

    Uploaded by

    Erwin April Midsapak

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    © All Rights Reserved
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    Civil Law Review 2 - Quiz Anna

    Uploaded by

    Erwin April Midsapak
    13 views2 pages

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    civil law review 2- quiz anna

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    13 views2 pages

    Civil Law Review 2 - Quiz Anna

    Uploaded by

    Erwin April Midsapak

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    ANNA MARIA R.

    MIDSAPAK JD-4 February 4, 2021


    CIVIL REVIEW 2 DEAN PAULINO

    I.

    The right of rescission under Article 1191 of the Civil Code more appropriately
    referred to as a resolution, is not predicated on injury to economic interest on the
    part of the party plaintiff but of breach of faith by the defendant which is violative
    of the reciprocity between parties.

    II.

    For example, A, executed a promissory note to B for the sum of 1,000 without
    need of demand on or before January 3, 2021. A pays B on April 21, 2021, so B
    has the right to collect interest from January 4, 2021 to April 20, 2021 as
    indemnification of damages.

    III.

    A person in possession of the credit is presumed to own the credit, hence payment
    made by the debtor to him in good faith will release the debtor from the debt.

    IV.

    Solidary Obligations gives the unusual rights to creditor to demand from anyone or
    some of the debtors the satisfaction of the total obligation and not merely the share
    of each debtor.
    V.

    For example, A owed several debts to B and at the time of payment he does not
    direct an application as to what debts it will applies and B also does not do so,
    then by operation of law the court will apply the payment . Settle is the rule that, if
    neither the debtor nor the creditor has exercised the option to choose the
    application the court will apply the payment according to justice and equity of the
    case, considering all the circumstances.

    VI.

    The application of payments contemplates a situation wherein a debtor owed


    several debts of the same kind to a single creditor which are due and the payment
    he made is insufficient to extinguish all his debts. For Example A owing to B ,P
    500, P1000, P 2,000 respectively and these was due and demandable but his money
    is only P 1,500 , so A, as a debtor must make a declarations to which debt should
    the payment be applied.

    VII.

    Autonomy of will of parties is one of the characteristics of contract, wherein the


    parties can stipulate conditions convenient to them provided it is not contrary to
    law, good customs, moral , public order or public policy. And this characteristic is
    involved wherein there can be application of payments in debts not yet due and
    demandable.

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