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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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University of San Carlos Ranin, Manilac Melissa S. 6:00 to 7:30PM LAW 501 B.S.

MA III

1. AR TICLE 1196  On December 5, 2008, D binds himsef to pay C Php 16,000 with 14% interest annually
on December 25, 2010. Before Dec. 25, 2010, C cannot demand payment. Likewise, on December 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 because the period is for the benefit of D.

 D

obliges himself to give C Php 10,000 on demand. In here, C can demand payment

from D after a reasonable time from the date the promise was made because the period is for his own benefit.

 D binds himself to pay C Php 10,000 within 2 years. This is for the benefit of D only. D
can pay before the end of 2 years, but he cannot be compelled to pay before the two year period.

 D promised to pay his debt on or before December 21, 2008. Here, the payment is to be
made 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, C

demanded payment from D but the latter refuses to pay. Can C file an action in court compelling D to pay the obligation?

No, because this obligation is subject to a period. C’s right is to go to the court
sot 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 date between them.

 Don

agreed to construct the house of Tara. The other party failed to fix the period

within when the construction should be made and done. Here, the court can fix the period.

 Sarah

sold his land to B with the agreement to repurchase it. If there is no term is a casual government employee. Her contract was started around July 9,

specified, Sarah can let the court authorize to fix the period.

 Melissa

2012 and will end this coming August 15, 2012. Here, the court cannot change nor fix it.

3. ARTICLE 1198 

4. 5.

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