ELECTIVE 2

Carillo, Lady Rose

Engalan, Queenie Ann
Manlunas, Bonna Mae

Question 1
Ordinarily involves something not consumable except when the purpose of consumable goods is merely
for exhibition.

a. Commodatum
b. Usufruct
c. Mutuum
d. Exhibition

Question 2
It is only applicable when unpaid seller has exercised possessory lien or stoppage in transitu can the
seller proceed with his other special rights of resale or to rescind.

a. Possessory lien
b. Stoppage in transitu
c. Hierarchical application
d. Special right to rescind/resale

Question 3
In determining whether it is an equitable mortgage or a sale a retro, the sale shall be construed as an
equitable mortgage in case of _____.

a. Non-payment
b. Doubt
c. Defect
d. Cancellation

Question 4
It refers to any type or form of undertaking, collective recommendation, independent or concerted
action or practice, whether formal or informal.

a. Agreement
b. Conduct
c. Control
d. Merger

Question 5
X enters into a contract of sell to Y and subsequently X enters into an absolute sale with Z.
Who has the better right?

Answer: Z, because contract of sell is not a valid sale yet either has to be a compliance with the
suspensive condition which is usually full payment
Question 6
X sold land to Y and A pretends to be the owner and sells the same land to Z.
Who has the better right .

Answer: Y has the better right. A is not the owner he has nothing to pass and 2nd the sale is not the
same seller so it does not apply 1544