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Credit Transactions

1. Loan1a : commodatum- essentially gratuitous; delivers something which is accepted by the bailee;

pinahiram..

It covers both real and personal propertyObject that can be replaced: tangible

Object that cannot be replaced: non-tangible

*Girlfriend/ Boyfriend though tangible cannot be replaced because they are outside the

commerce of men; so they cannot be a subject of a contract.

*The right to abuse carries with it the right to destroy.

*Whether contract is commodatum or leased, you can get all except jus disparandi.

*Art1174-loss of the thing by loss of fortuitous events; res peri dominio the loss is born by the

debtor,

*You cannot excused yourself after fortuitous events if there is mora delay.*exoteric-can be easily understood; esoteric-difficult to understand.

* real contract

*in contract of commodatum you call the person as bailor and the recipient bailee..

1.Jus-Utends

2-Abatendi

3-Finendi

4-Vindicandi

5-Disparandi

1b: mutuum

-another word for mutuum is simple; exoteric

*Is it gratuitous like commodatum? It depends upn the stipulation.

*Art. 1306 says that contracting oparties can establish suchclauses, stipulation, condition

provided as they may deem convenient, as long as it is not contrary to law, morals, god

customs, public order and puvlic policy.

*for an interest to be due and demandable, the same must be in writing.

*the object or contact of mutuum is a tangible thing, thus it can be replaced.

*why is it in the contract of mutuum, the object is always a tangible thing?in contract of

commodatum, there is no transfer of ownershio. In contract of mutuum, you transfer not only

the physical thing but the ownership.

*real contract

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*scintilla or iota is needed for perfection of contract.

*express mention is implied exclusion.

*NOMINATE CONTRACTS-specifically mentioned in Civil Code

INNOMINATE CONTRACTS- agreements which are not included in the enumeration but is not

contrary to law, morals, good customs, public order and public policy.

Example: do ut des; do ut facias, facia ut facia, facia ut des.

*if you want to ENFORCE the contract, you call that action for SPECIFIC PERFORMANCE.

*An action for specific performance is an action not capable of pecuniary liability; the value of a

thing is merely incidental; the amount is just incidental.

*Know thy enemy, know thyself.

*Warfare is based on deception, if you are weak pretend that you are strong, if you are strong,

pretend that you are weak.-Sun su

*DEBTOR-CREDITO RELATIONSHIP.

*Contract of deposit-you need to return the very same thing

*GUINGONA VS. CITY FISCAL

2. Deposit3. Pledge4. Mortgage5. Anticrisis6. Concurrence