Professional Documents
Culture Documents
The contract is perfected on January 1 when the parties had a meeting of minds on the object and
price.
c. The contract is perfected on January 7 when the price is paid. since both parties would then have
performed their obligations in the contract.
orally.55
56. The price in a contract of sale is certain except: When the parties have fixed or agreed upon a
definite amount.
If the price is certain with reference to another thing certain. if the fixing of the price is left to the
discretion of one of the
contracting parties. if the price fixed is that which the thing sold would have on a
a. b. c.
d.
57. S and B entered into a contract whereby S transferred to B a specific car for the price of P200,000,
while B gave to S P90,000 cash and a diamond ring worth P1 10,000. The heading of the written contract
reads,
68. 0n luiy 1, 2018, X sold a parcel of registered land to Y. 0n Iuiy 14, 2018, he sold the same land to Z.
Who has the better right if the second saleis registered ahead of the first sale. Z has knowledge of the
sale to Y?
a, Z has a better right because knowledge of Y of the second 5319 makes Y in bad faith.
b. Z has a better right because he is in good faith.
59. X Corp. has dealt business with Y Corp. for live years. All through the years, X Corp. accumulated an
indebtedness of P1,000,000 with Y Corp Upon demand, X Corp. paid Y Corp. by check the amount owed
which was however dishonored for insufficiency of funds. For and in consideration of P800,000, Y Corp.
assigned the credits to Z Corp. who brought suit against X Corp. for the recovery of the amount owed
which later on was moved for dismissal by X Corp. on the ground that X Corp. has not agreed for
subrogation. Decide.
a. X Corp. is correct. This is a case of subrogation which needsiv consent being the debtor.
b. X Corp. is not correct because this is a case of an assignmentor credit. The debtor's consent is not
essential for the validity ofthi
assignment.
, D" “ W x Corp. is not correct because this is a case of an assignment of credit. However, assignment of
credit needs the consent of the debtor.
d This is a valid assignment of credit. However, Z Corp. did not acquire a right to sue in his own name.69
68. 0n luiy 1, 2018, X sold a parcel of registered land to Y. 0n Iuiy 14, 2018, he sold the same land to Z.
Who has the better right if the second saleis registered ahead of the first sale. Z has knowledge of the
sale to Y?
a, Z has a better right because knowledge of Y of the second 5319 makes Y in bad faith.
59. X Corp. has dealt business with Y Corp. for live years. All through the years, X Corp. accumulated an
indebtedness of P1,000,000 with Y Corp Upon demand, X Corp. paid Y Corp. by check the amount owed
which was however dishonored for insufficiency of funds. For and in consideration of P800,000, Y Corp.
assigned the credits to Z Corp. who brought suit against X Corp. for the recovery of the amount owed
which later on was moved for dismissal by X Corp. on the ground that X Corp. has not agreed for
subrogation. Decide.
a. X Corp. is correct. This is a case of subrogation which needsiv consent being the debtor.
b. X Corp. is not correct because this is a case of an assignmentor credit. The debtor's consent is not
essential for the validity ofthi
assignment.
, D" “ W x Corp. is not correct because this is a case of an assignment of credit. However, assignment of
credit needs the consent of the debtor.
d This is a valid assignment of credit. However, Z Corp. did not acquire a right to sue in his own name.69