JIM PETERICK G.

SISON
QUIZ - CIVIL LAW REVIEWII
June 19, 2021

1. State the obligations of the vendor and the vendee in a contract of sale under Art. 1458.

a. Obligation to transfer ownership and obligation to deliver a determinate thing;

b. Obligation to pay a price certain in money or equivalent.

2. A bought a red car Model Nissan 2018 from B for P500,000. Please identify the object and the
cause using the second school of thought. Please explain.

Insofar as both the seller and the buyer are concerned, there is only one subject matter, namely, the red
car model Nissan 2018. The cause or consideration for the seller is the price paid ( P 500. 000) ; for the
buyer, it is the delivery to him of the red car model Nissan 2018.

3. True or False

a. As a general rule, the gross inadequacy of price does not affect the contract of sale.- TRUE
b. If the price of the sale is simulated, the legal effect is that the contract is voidable.- FALSE
c. A contract of sale is perfected upon meeting of minds upon the thing which is the object
of the contract and upon the price.- TRUE
d. An accepted unilateral promise to buy or to sell a determinate thing for a price certain is
binding upon the promissory if the promise is supported by a consideration distinct from
the price.- TRUE
е. Earnest money is considered as apart from the purchase price.- FALSE

4. Identify who bears the loss of the thing in the following cases and the reason therefor:

a. If the object is lost before perfection- the seller bears the loss because there was no contract yet.
b. If the object is lost after delivery to the buyer- The buyer bears the loss. Under the Res Perit Domino
Rule, the owner bears the loss.

5. Define fungible things.

Fungibles are personal property which may be replaced with equivalent things.

6. Give the two (2) elements of earnest money under Art. 1482.

a. Part of purchase price

b. Proof of perfection of contract
7. Give the three (3) remedies of the vendor in the sale of personal property on installment.

a. Exact fulfillment of the obligation, should the vendee fail to pay;

b. Cancel the sale, should the vendee’s failure to pay cover two or more installments;
c. Foreclose the chattel mortgage on the thing sold, if one has been constituted, should the vendee’s
failure to pay cover two or more installments. In this case, he shall have no further action against the
purchaser to recover any unpaid balance of the price.

8. For failure of A to pay three (3) installments under the contract of sale to B, the vendor, the
latter chose to foreclose on the chattel mortgage of the car. In the foreclosure sale, the
purchase price of the car was less than the outstanding obligation of A leaving an unpaid
balance. B wants to sue A for the deficiency in a collection suit. May he do so? Please explain.

No. B cannot sue A for the deficiency in a collection suit.

Under the law, after foreclosure of the chattel mortgage, the seller- mortgagee shall have no further action
against the buyer to recover any unpaid balance of the price.

In the problem given, B chose to foreclose on the chattel mortgage of the car of A. The purchase price of
the car was less than the outstanding obligation of A leaving an unpaid balance. Therefore, B cannot sue
A for the deficiency in a collection suit because he chose to foreclose the chattel mortgage on the thing
sold.

9. True or False

a. In case a vendor in the sale of property on installment forecloses the chattel mortgage on
the car and during the foreclosure sale, the purchase price did not cover the total
obligations of the vendee, the vendor shall have no further action against the purchaser to
recover the unpaid balance.- TRUE

b. As a general rule, the expenses for execution and registration of the sale shall be borne by
the vendee.- FALSE

c. A lawyer may buy property of his client which is the subject of litigation of his client.- FALSE

d. Ownership of property is acquired upon payment of the purchase price.- FALSE

e. Real or actual delivery is when the thing sold is placed in the control and possession of the
vendee- TRUE