Sala, Ivan Belle Law on Sales

Questions

Set A. Modified True or False.

Article 1604.

The provisions of Article 1602 shall also apply to a contract purporting to be an

absolute sale.

Article 1605.

In cases referred to in Articles 1602 and 1604, the apparent vendor may ask for the.
annulment of the contract. (n)

Article 1606.

The right referred to in Article 1601, in the absence of contractual stipulation, the
last four years from the date of contract.

Should there be an agreement, the period cannot exceed ten years.

However, the vendor may still exercise the right to repurchase within thirty days
from the time final judgment was rendered in a civil action on the basis that the
contract was a true sale with right to repurchase.

Article 1607.

In consolidation of ownership in the vendee by virtue of the failure of the vendor to

comply with the provisions of Article 1616 shall not be recorded in the Registry of
Property without a judicial order, after the vendor has been duly heard. Does the
Article refers to a determinate thing?

Article 1608.

The vendor may bring his action against every possessor whose right is derived
from the vendee, even if in the second contract no mention should have been made
of the right to repurchase, without prejudice to the provisions of the Mortgage Law
and the Land Registration law with respect to third persons. Is the article true?
(1510)
Set B. MCQ.

Article 1604.

The provisions of Article 1602 shall also apply to:

A. Conditional sale
B. Absolute sale
C. Equitable mortgage
D. Pacto de retro sale

Article 1605.

The vendor, in cases under Articles 1602 and 1604,may ask for?

A. Annulment of the contact

B. Rescission of the sale
C. Compel payment plus damages against the vendee
D. Reformation of the instrument

Article 1606.

Statement 1: The right referred to in Article 1601, in the absence of an stipulation,

shall last four years from the date of the contract.

Statement 2: Should there be an agreement, the period cannot exceed then years.

Statement 3: However, the vendor may still exercise the right to repurchase within
thirty days from the judgment was rendered in a civil action on the basis that the
contract was a true sale

A. Statement 1 is wrong, Statement 2 is correct, Statement 3 is wrong

B. Statement 1 is wrong, Statement 2 is correct, Statement 3 is correct
C. Statement 1 is correct, Statement 2 is correct, Statement 3 is correct
D. Statement 1 is correct, Statement 2 is correct, Statement 3 is wrong
Article 1607.

The consolidation of ownership of a property by the vendee by virtue of failure of

the vendor to comply with the provisions of article 1616 shall not be recorded in the
Registry of Property without a judicial order, after the vendor has been duly heard.
The “property” referred to is?

A. Generic thing, which is the property subject of the sale, the law does not
distinguish what kind of property it should be recorded
B. Personal property because in Article 1616 the vendor has to return thing
which Article 1607 refers to
C. Specific thing because this is a contract of sale. The property subject of the
sale must be specific under the Civil Code
D. Real Property because the law speaks of record in the Registry of Property
without judicial order

Article 1608.

Statement 1: The vendor may bring his action against every possessor whose right
is derived from the sale.

Statement 2: Even if the contract has no mention should have been made of the right
to repurchase.

Statement 3: Without prejudice to the provisions of the Mortgage Law and the Land
Registration Law with respect to third persons.

A. Stetement 1 is correct, Statement 2 is correct, Statement 3 is wrong

B. Statement 1 is wrong, Statement 2 is wrong, Statement 3 is correct
C. Statement 1is wrong, Statement 2 is correct, Statement 3is correct
D. Statement 1 is correct, Statement 2 is wrong, Statement 3 is wrong