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Determine whether the statement is TRUE or FALSE.* An equitable mortgage is preferred over a pacto de retro sale. If the vendor a retro fails
Determine whether the statement is TRUE or FALSE.*
- An equitable mortgage is preferred over a pacto de retro sale.
- If the vendor a retro fails to comply with payment, title is automatically consolidated in favor of the vendee a retro.
- When the right of a co-owner over an undivided thing is sold as regards to his own share, the vendee retro can compel him to redeem the whole property.
- The creditors of the vendor cannot make use of the right of redemption against the vendee even after they have exhausted the property of the vendor.
- The right of pre-emption can be exercised after a sale by the owner of an adjoining land to another.
- The redemption by a co-owner of the property in its entirety does not make him the owner of all of it.
- A vendee cannot compel total redemption in separate sales by co-owners of an undivided immoveable.
- If at the time of redemption the land has fruits paid by the vendee, the vendor must reimburse him for all natural, industrial and civil fruits.
- Legal redemption applies to immovable property only.
- There can be legal redemption by a co-owner against his co-owner.
- In legal redemption, tender of payment is not necessary.
- Conventional redemptions applies to foreclosures, homesteads and tax sales.
- The right of legal pre-emption or redemption shall not be exercised except within 30 days from verbal notice given by the vendor. A, B and C are co-owners of a parcel of land; if A sells his interest to C, B may exercise the right of legal redemption against C.
- In legal redemption, there is reservation by contract of the right to repurchase the thing sold.
- The right of pre-emption and legal redemption can both be exercised after a sale by the owner of an adjoining land to another.
- Agency may be presumed.
- The acts of the agent on behalf of the principal within the scope of his authority produce the same legal and binding effects as if they were personally done by the principal.
- There must be a price/consideration in a contract of agency.
- An agency for the sale of real property may be oral or in writing.
- If notice of the fact of agency is done through publication, then the revocation of said agency must also be by publication.
- Acts of administration may be couched in general terms but acts of strict dominion must be couched in specific terms.
- Assignment of credit is a contract whereby one of the parties binds himself to give one thing in consideration of the other's promise to give another thing.
- The assignor of credit is responsible for the existence and legality of the credit and the solvency of the debtor at the time of the sale.
- An assignor in bad faith is liable not only for the payment of the price and all the expenses but also for damages.
- One who sells for a lump sum the whole of certain rights, rents, or products, generally warrants each of the various parts of which it may be composed.
- Payment to the original creditor is valid and the debtor shall be released from his obligation even if payment was made after notice to the debtor of the assignment of credit.
- As a general rule, bulk sales are fraudulent and void as to creditors of the vendor.
- In bulk sales, the vendor must make a full detailed inventory showing the quantity and the cost price of the goods at least five (5) days before the sale.
- If the Bulk Sales Law is violated, the sale is still valid as between the seller and buyer.
- Barter is governed by the provisions of the New Civil Code on the law on agency.
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