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Oblicon Questions and Answers

Oblicon Questions and Answers

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Published by: Ranin, Manilac Melissa S on Nov 19, 2012
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10/13/2013

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University of San Carlos
Ranin, Manilac Melissa S. 6:00 to 7:30PM LAW 501 B.S.MA III
1.
 
AR TICLE 1196
 
O
n December 5, 2008, D binds himsef to pay C Php 16,000 with 14% interest annuallyon December 25, 2010. Before Dec. 25, 2010, C cannot demand payment. Likewise, onDecember 25, 2009, if D is paying C, the latter can refuse the tendered payment,because the period is for the benefit of both debtor and creditor.
 
D
obliges himself to pay C Php 10,000 on or before December 25, 2010. Before Dec. 25,2010, D can pay the obligation but before that date, C cannot demand payment becausethe period is for the benefit of D.
 
 
D
obliges himself to give C Php 10,000 on demand. In here, C can demand paymentfrom D after a reasonable time from the date the promise was made because the periodis for his own benefit.
 
 
D
binds himself to pay C Php 10,000 within 2 years. This is for the benefit of D only. Dcan pay before the end of 2 years, but he cannot be compelled to pay before the twoyear period.
 
 
D
promised to pay his debt on or before December 21, 2008. Here, the payment is to bemade within a stipulated period. D can pay before the said date.
 2.
 
ARTICLE 1197
 
D
obliges himself to pay C Php 10, 000 as soon as possible. Three months after, Cdemanded payment from D but the latter refuses to pay. Can C file an action in courtcompelling D to pay the obligation?
 No
,
because this obligation is subject to a
period. C’s ri
ght is to go to the courtsot that the court will fix the date.
 
Althea
has an obligation to pay the accounts unsettled by her to Melody. Here,Althea is obliged to pay. If not, Melody could ask the court to fix the due datebetween them.
 
 
Don
agreed to construct the house of Tara. The other party failed to fix the periodwithin when the construction should be made and done. Here, the court can fix theperiod.
 
 
Sarah
sold his land to B with the agreement to repurchase it. If there is no termspecified, Sarah can let the court authorize to fix the period.
 
 
Melissa
is a casual government employee. Her contract was started around July 9,2012 and will end this coming August 15, 2012. Here, the court cannot change nor fix it.
 

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