STUDY GUIDE

1.) S(seller) sold to B(buyer) on July 5, a Horse named Silver to be delivered on July 20.
However, on July 15, S sold again and delivered to horse to T. Who has a better right to
Silver?
Art. 1164. The creditor has a right to the fruits of the thing from the time the
obligation to deliver it arises. However, he shall acquire no real right over it until the
same has been delivered to him. (1095). T has the better right to Silver than B.

2.) S sold to B a specific refrigerator which S agreed to deliver not later than July 31, S did
not deliver the refrigerator on said date. Is S guilty of legal delay?

Art. 1169. Those obliged to deliver or to do something incur in delay from the
time the obligee judicially or extrajudicially demands from them the fulfillment of their
obligation. S is guilty of legal delay. The delay on the part of the debtor in fulfillment of
the obligation. is called Mora solvendi.

3.) S promised to deliver to B a female horse named Suzie on July 10. Suzie gave birth to
a colt on July 5.

a. What are the obligation of S?

-Art. 1163. (Duties of the Debtor in obligation to give a determinate thing)
-Preserve the thing
-Deliver the fruits of the thing
-Deliver the accessions and the accessories
-Deliver the thing itself.
-Answer for damages in case of non-fulfilment or breach
b.) who has the right to the colt?
S has the right to the colt.
c.) Who has lawful owner of Suzie in case it was sold and delivered by S to T on July 8?
T is the lawful owner of Suzie. T has a real right to Suzie.

4.) D (debtor) borrowed P20,000 from C(creditor) payable after 1 year? Is D liable to pay
interest?

Art. 1175 uncurious transactions shall be governed by special laws. D is liable to

pay interest to C if:

1.) They have expressly stipulated that a certain amount of interest may be recovered
by C,
2.) There is a written agreement between D and C about the interest. The payment of
the interest is invalid if there is no agreement on the interest per year.
5.) R(lessor) issued a receipt that E(lessee) has paid the rent for the months of
March,2008. Can R still collect 5. from E the rents for January and February,2008?

Art. 1176.The receipt of the principal by the creditor without reservation with
respect to the interest, shall give rise to the presumption that said interest has been
paid. Yes, R can still collect the rents for January and February 2008 from E.