After four years petitioners asked their aunts to vacate the land subject to

After four years petitioners asked their aunts to

This preview shows page 73 - 76 out of 80 pages.

document, typewritten in English, was just for the acknowledgment of their debt. After four years, petitioners asked their aunts to vacate the land subject to litigation claiming that she and her husband were the new owners. After verifying with the Registry of Deeds, the aunts were surprised that what they have signed was actually a deed of sale. Their land title was cancelled and the ownership was
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transferred to their nephews. The land was mortgaged with the Cavite Development Bank. Issue: Was the deed of sale void? Yes, because there is fraud and absence of consent Russel owed Mary the sum of P1, 000.00. By mistake, Russel paid P2, 000.00. Mary has the obligation to return the P1,000.00 excess because there was payment by mistake. True Architect Velasco designed and supervised the house construction of Mrs Reyes. The parties failed to agree beforehand the professional the professional fee of Architect Velasco. How much is Mrs Reyes bound to pay Architect Velasco? All of the choices The following are essential requisites of a contract, except: motive Upon the proposal of a third person, a new debtor substituted the original debtor without the latter's consent. The creditor accepted the substitution. Later, however, the new debtor became insolvent and defaulted in his obligation. What is the effect of the new debtor's default upon the original debtor? The original debtor is freed of liability since novation took place and this relieved himof his obligation. The following are elements of an obligation, except: consent Demand is not necessary to incur delay when: Time is the controlling motive _____________________ extinguishes the action to annul a voidable contract Ratification The prescription period to file for action for annulment of contract is ______________years. 4 Those contracts where the consent is vitiated by mistake, violence, intimidation, undue influence or fraud. Voidable Those contracts that are expressly prohibited or declared void by law are unenforceable. FALSE Contracts undertaken in fraud of creditors when the latter cannot in any other manner collect the claims due them may be rescinded. TRUE In onerous transfer, if there is good faith, the contract may be rescinded. False The following are kinds of unenforceable contracts, except: Declares inefficiency which contract already carries in itself.
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_______________________cleanses the contract from all its defects from the moment it was constituted. Ratification ObliCon Q8 _______________________prevent fraud and perjury in the enforcement of obligations depending for their evidence upon the unassisted memory of witnesses by requiring certain enumerated contracts and transactions to be evidenced by a writing signed by the party to be charged. Purpose of Statutes Contracts which are simulated or fictitious are __________________. Inexistent Those contracts which are absolutely simulated or fictitious are inexistent or void from the beginning.
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