Pactum Commissorium
A stipulation in a contract which provides that the creditor or pledgee will automatically appropriate the thing mortgaged or pledged as security for a principal obligation when the debtor or pledgor did
A stipulation in a contract which provides that the creditor or pledgee will automatically appropriate the thing mortgaged or pledged as security for a principal obligation when the debtor or pledgor did
“Automatic Appropriation of Mortgage is Void” Facts Petitioner Francisco Realty (Realty) granted a loan of P7.5 Million to respondent spouses Javillonar (the spouses). The spouses executed a mortgage of their house in
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A document that commences the 10 years prescription of a negative easement; It is a notice that officially prohibits the owner of a servient estate from obstructing light and view.
Elements Positive Easement Negative Easement Act of servient estate’s owner Must allow the owner of dominant estate or the latter must do something Must refrain from doing something lawful Commencement of acquisitive
My Title: My Windows Were Covered by My Neighbor Facts The house of the plaintiff Maximo in Calle Rosario, house No. 65, has certain windows therein, through which it receives light and
Element Continuous Discontinuous Use Incessant Intervals or intermittent Usage by human interruption No Yes Establishment Human action Human action Exercise No human action Needs human action Example The easement of drainage, and
“The Right of Way that Did Not Transfer to the Next Owner” Facts On May 12, 1954, Antonio Legaspi received a copy of CFI Davao decision entitled Jabonete v. Monteverde et al. dated Mar 11,
Are those defects in the article sold which the seller is bound to warrant. Such defects render the thing sold as (1) unfit for the use it was intended; (2) diminish its
is the right to succeed to the property left upon the condition that it be preserved perpetually intact in the family and that it be transmitted in order of succession to each