Civil Law Review 2

Pacto de retro vs Equitable Mortgage

Pacto De retro
- ownership is transferred immediate to a vendee a retro
- the vendor may repurchase the subject property within
the stipulated period
- Failure to repurchase on the vendor, it will vest in favor of the vendee
the absolute title on the property

i.e
December 9, 2021
- ito yung date ng pinag usapan nila para ma repurchase
but the vendee did not consolidate the title or ownershio
- will it matter,
- No, it will not matter
- basta ang vendor failed to repurchase the property

Equitable Mortgage
- the intention of the parties is to burden the real properties as security of the
debt
entered by the borrower-creditor
- Contract of Sale with the intention to secure the debt by a mortgage
- should the borrower mortgagor fails to pay? the mortgagee will now ahve the right
to foreclosure
sold at public acution, and the proceeds will satisfy the loan obligation of the
debtor-mortgagor

Particular Partnership vs Joint Venture

Acts of Administration it is only limited to purely management

Acts of Ownership the party is allowed to dispose a particular property

in the ordinary course