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Law on Obligations and Contracts
By: Hector De Leon

STUDY GUIDE 134 – 135
I
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1
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2
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3
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Where the period is not
fixed but a period is intended, the courts are usually empowered is intended, the courts are usually
empowered by law to fix the same
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Discussions
1
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Yes, if the debtor pays without realizing the time limit and assuming that it was already due and
demandable, he can be reimbursed
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If an obligation does not state a period for its performance, has a party the right to ask a court to fix a
period or the duration thereof? Explain
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The courts do not have the authority to render contracts on behalf of the parties
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Give the cases when the obligee can demand the performance of an obligation even before the arrival
of the period agreed upon
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(2) When debtor does not furnish the guaranties or securities promised
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Problems
Explain or state briefly the rule or reason for your answer
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D (debtor) borrowed P10,000 from C (creditor) at 15% interest per annum payable on December 31
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Art
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This is only valid if D pays C the $10,000 plus all
accumulated interest by December 31
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C, on the other hand, has the right to
deny payment if the binding agreement does not allow for early payment
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D binds himself to give P10,000 to C upon the death of the father of D
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According to Art
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And commitments with a resolutory duration take place immediately
but expire when the specified day arrives
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The duty is conditional if the uncertainty is whether the day will come
or not, and it will be governed by the rules of the preceding Section
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3
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D mortgaged his car in favor of C as protection for his debt; however, the
car was heavily destroyed without D's fault
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D obtained a loan from C in the amount of P50,000, payable on August 10
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the car, however, was substantially damaged without the fault of F/ what
rights, if any, does C have under the law? May C demand payment from D even before August 10?
According to Art
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Such a date is referred to as a "certain day" that may occur in the future
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On closer examination, even though it
was not D's fault, C has the right to claim the money from D right away
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In other words,
if D does not have equal protection, C will demand the money immediately

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