Test II

“A, B and C bind themselves to give Y a specific car.”

1. Identify the active subject, passive subject, prestation and juridical tie.

Active Subject : Y
Passive subject: A, B and C
Prestation : to give Y a specific car.
Juridical tie : Agreement between A, B and C and Y

2. Without changing the active subject, passive subject and prestation, improve, alter, or
add phrase/s or sentence/s to, the statement above to construct a new statement which
will make the obligation of A, B and C:
a. Joint subject to a suspensive period. (5 points)

“A, B and C bind themselves to give Y a specific car on December 31, 2020.”

b. Joint subject to potestative period. (5 points)

“A, B and C bind themselves to give Y a specific car as soon as possible.”

c. Joint subject to suspensive condition. (5 points)

“A, B and C bind themselves to give Y a specific car if Y passed the bar exam.”

d. Joint subject to potestative condition. (5 points)

“A, B and C bind themselves to give Y a specific car if A, B and C wanted to.”

e. Solidary subject to suspensive period. (5 points)

“A, B and C bind themselves solidarily to give Y a specific car on Y’s birthday.”

f. Solidary subject to potestative period. (5 points)

“A, B and C bind themselves in solidum to give Y a specific car as soon as

possible.”

g. Solidary subject to a suspensive condition. (5 points)

“A, B and C bind themselves jointly and/or severally to give Y a specific car if Y
marries M.”

h. Solidary subject to potestative condition. (5 points)

“A, B and C bind themselves solidaria to give Y a specific car after A, B and C
received their loan from X Bank.”

i. Joint indivisible subject to a potestative condition. (5 points)

“A, B and C bind themselves to give Y a specific car if A, B and C wanted to.”

j. Joint indivisible subject to a potestative period. (5 points)

“A, B and C bind themselves to give Y a specific car as soon as possible.”

k. Joint indivisible demandable at once. (5 points)

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 “A, B and C bind themselves solidarily to give Y a specific car upon Y’s demand.”

3. Improve, alter, or add phrase/s or sentence/s to, the statement above to construct a
new statement which shows that the obligation of A, B and C is extinguished by:
a. Payment; (5 points)
“A, B and C bind themselves to give Y a specific car on Y’s birthday. A, B and C
delivered the said specific car to Y on his birthday.”
b. Expromision; (5 points)
“A, B and C bind themselves to give Y a specific car. Later, M, a third person, tells
Y to give him the said specific car and that A, B and C will be released from their
obligation, to which Y agreed.”
c. Delegacion; (5 points)
“A, B and C bind themselves to give Y a specific car on Y’s birthday. Subsequently,
A, B and C tell Y that M, a third person, will deliver the said specific car to Y and
that A, B and C will be released from their obligation to which Y and M agreed.”
d. Subrogtion; (5 points)
“A, B and C bind themselves to give Y a specific car on Y’s birthday. Later, A, B
and C agreed with Y and M, a third person, that A, B and C will deliver the said
specific car to M instead of Y.”
e. Remission; (5 points)
“A, B and C bind themselves to give Y a specific car on Y’s birthday. Y told A, B
and C that they need not give him the said specific car.”
f. Merger; (5 points)
“A, B and C bind themselves solidarily to give Y a specific car on Y’s birthday. Y
assigned his rights over the said specific car to M who in turn assigned it to A as
payment for his debt to A.”
g. Compensation. (5 points)
“A, B and C bind themselves to give Y a specific car on Y’s birthday. Y is indebted
to A, B and C P100,000. The parties agreed that their respective obligations will be
compensated.”
4. Assume that Y refuse, without just cause, to receive the delivery of the said specific car.
A, B and C consulted you on what is their remedy to be released from their
responsibility to Y. What would be your advice to them? Discuss to them the process of
availing such remedy. (10 points)
Answer:
To be released from their obligation, A, B and C may consign the said specific car in
court. To avail such remedy, A, B and C must:
a) notify the persons interested in the fulfillment of the obligation that the creditor Y
refuse to receive the delivery of the specific car without just cause and that the
debtor will consign the said car in court;
b) file a case of consignation in court and prove to the said court that:
i. the debtors A, B and C deliver the specific car to Y on the agreed date by Y
refuse to receive the delivery without just cause, and
ii. that previous notice of consignation to persons interested in the fulfillment
of the obligation has been made;
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 c) notify the persons interested in the fulfillment of the obligation that consignation
has been made.

Note: In Nos. 1, 2 and 3, no need to explain.

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