Scribd Logo
Upload

Welcome to Scribd!

  • 60 views

    Credit Transactions Course Outline: Mr. Mark Xavier D. Oyales

    Uploaded by

    Sand Fajutag
    The document outlines the course for Credit Transactions. It begins by reviewing elements of contract law and characteristics of different types of contracts. It then discusses contracts of loan, distinguishing between commodatum and mutuum. Commodatum involves loaning something for use, while mutuum involves loaning money or fungible goods for consumption. The risks of loss and ability to use fruits differ between the two. The document also covers the Truth in Lending Act and deposits, distinguishing between regular and irregular deposits as well as voluntary and necessary deposits. Key obligations and cases are discussed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Credit Transactions Course Outline: Mr. Mark Xavier D. Oyales

    Uploaded by

    Sand Fajutag
    60 views3 pages
    The document outlines the course for Credit Transactions. It begins by reviewing elements of contract law and characteristics of different types of contracts. It then discusses contracts of loan, distinguishing between commodatum and mutuum. Commodatum involves loaning something for use, while mutuum involves loaning money or fungible goods for consumption. The risks of loss and ability to use fruits differ between the two. The document also covers the Truth in Lending Act and deposits, distinguishing between regular and irregular deposits as well as voluntary and necessary deposits. Key obligations and cases are discussed.

    Original Description:

    Credit Transactions

    Original Title

    Credit Transactions

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document outlines the course for Credit Transactions. It begins by reviewing elements of contract law and characteristics of different types of contracts. It then discusses contracts of loan, distinguishing between commodatum and mutuum. Commodatum involves loaning something for use, while mutuum involves loaning money or fungible goods for consumption. The risks of loss and ability to use fruits differ between the two. The document also covers the Truth in Lending Act and deposits, distinguishing between regular and irregular deposits as well as voluntary and necessary deposits. Key obligations and cases are discussed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    60 views3 pages

    Credit Transactions Course Outline: Mr. Mark Xavier D. Oyales

    Uploaded by

    Sand Fajutag
    The document outlines the course for Credit Transactions. It begins by reviewing elements of contract law and characteristics of different types of contracts. It then discusses contracts of loan, distinguishing between commodatum and mutuum. Commodatum involves loaning something for use, while mutuum involves loaning money or fungible goods for consumption. The risks of loss and ability to use fruits differ between the two. The document also covers the Truth in Lending Act and deposits, distinguishing between regular and irregular deposits as well as voluntary and necessary deposits. Key obligations and cases are discussed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    CREDIT TRANSACTIONS

    Course Outline
    Mr. Mark Xavier D. Oyales

    I. REVIEW OF CONTRACT LAW

    (1) Elements – Art. 1305, 1318, CC.

    (2) Characteristics of Contract – Art. 1306, 1308, 1311, 1315

    (3) Perfection – Art. 1315, 1316

    II. CONTRACT OF LOAN

    (1) General Provisions – Art. 1933 and 1934

    - Contract of Loan v. Contract to Loan (BPI Investment Corporation v. Court of


    Appeals, G.R. No. 133632, February 15, 2002)

    (2) Commodatum and Mutuum distinguished

    Commodatum Mutuum

    Character Essentially gratuitous Naturally gratuitous

    Object Non-fungible thing (but may be Money or fungible thing


    consumable)

    Purpose Loan for use Loan for consumption

    Primary obligation Return of the thing loaned Payment of equal quality and
    quantity

    Risk of Loss Bailor (as owner) Borrower (as owner and as


    debtor of a generic thing)

    Duration May be claimed before the end May not be claimed until the
    of the term if urgently needed term expires or is forfeited

    Transfer of There is no transfer of Ownership of the thing loaned


    ownership ownership of the thing loaned is transferred to the borrower

    Use of the fruits Bailee has no right to use the Borrower (as owner) may use
    fruits unless so stipulated the fruits

    (3) Commodatum – Art. 1935 - 1952

    - Distinguish from usufruct and lease


    - Pactum de commodando or an accepted promise to deliver something by way of
    commodatum
    - Republic v. Court of Appeals, G.R. No. L-46145, November 26, 1986
    - Spouses Abella v. Spouses Abella, G.R. No. 195166, July 8, 2015
    - Producers Bank of the Philippines v. Court of Appeals, G.R. No. 115324,
    February 19, 2003.

    (4) Mutuum – Art. 1953 – 1961.

    - Art. 2209 – 2213


    - Act No. 2655, as amended by Presidential Decree No. 116
    - C.B. Circular No 905, Series of 1982|||
    - BSP Circular No. 799 dated June 21, 2013
    - Eastern Shipping Lines, Inc. v. Court of Appeals, G.R. No. 97412, [July 12, 1994],
    304 PHIL 236-254
    - Nacar v. Gallery Frames, G.R. No. 189871, [August 13, 2013], 716 PHIL 267-
    283)
    - (Spouses Almeda v. Court of Appeals, G.R. No. 113412, [April 17, 1996], 326
    PHIL 309-326)
    - Security Bank Corp. v. Spouses Mercado, G.R. Nos. 192934 & 197010, [June 27,
    2018]
    - Spouses Silos v. Philippine National Bank, G.R. No. 181045, [July 2, 2014], 738
    PHIL 156-206
    - De la Paz v. L & J Development Co., G.R. No. 183360, [September 8, 2014]

    (5) Truth in Lending Act


    - Bank of the Philippine Islands v. Spouses Yu, G.R. No. 184122, [January 20,
    2010], 624 PHIL 408-421
    - Spouses Silos v. Philippine National Bank, G.R. No. 181045, [July 2, 2014], 738
    PHIL 156-206)

    III. DEPOSIT

    (1) Characteristics

    (a) Real contract


    (b) Its purpose is safekeeping
    (c) Naturally gratuitous
    (d) Unilateral if gratuitous and bilateral if onerous
    (e) Only movables may be the object of a deposit (cf. in judicial deposit or receivership,
    real or personal property may be included).

    (2) Kinds

    (a) Extrajudicial (Voluntary or Necessary) v. Judicial (Receivership or Sequestration)


    (b) Regular (the depositary cannot use the thing deposited) v. Irregular (the depositary
    may use the thing deposited)

    (3) Voluntary Deposit (Art. 1968 – 1971)


    Triple-V Food Services, Inc. v. Filipino Merchants Insurance Company, Inc. (G.R. No.
    160544, February 21, 2005)

    (a) Requisites

    i. Capacity of the Parties

     Where the depositor is capable and the depositary incapable

     Where the depositor is incapable and the depositary capable

    ii. Object: must be corporeal and movable in extrajudicial deposit


    iii. Delivery

    (b) Obligations of the depositary

    i. To preserve the thing


    ii. To return the thing

    (c) Obligations of the depositor

    (4) Necessary Deposit

    Durban Apartments Corporations v. Pioneer Insurance and Surety Corporation, G.R. No.
    179419, January 12, 2011.
    YHT Realty Corporation et al., v. Court of Appeals, G.R. No. 126780, February 17, 2005.

    You might also like

    pFad - Phonifier reborn

    Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

    Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


    Alternative Proxies:

    Alternative Proxy

    pFad Proxy

    pFad v3 Proxy

    pFad v4 Proxy