Question
Dante borrowed Php230,000.00 from Christopher. As security for the payment of the debt, Dante pledged to Christopher a Harley Davidson valued at Php250,000.00. It was
Dante borrowed Php230,000.00 from Christopher. As security for the payment of the debt, Dante pledged to Christopher a Harley Davidson valued at Php250,000.00. It was expressly stipulated in the contract that if Dante cannot pay his debt when it matures, "the debt of Php230,000.00 shall be considered as full payment of the Harley Davidson without further action." Dante was unable to pay Christopher when the debt matured. Can Christopher now appropriate the Harley Davidson? Please explain your answer.
Suppose that in the above problem, the agreement is that in case of non-payment by Dante when the debt matures, "the debt shall be paid with the Harley Davidson given as security" would that make a difference in your answer? Please explain.
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