Barcelona, Joyce Ann A.

FMA-2A

POINT OF SALES PACTO DE ASSIGNMENT COMMUDATUM MUTUUM PLEDGE REAL ANTICHRESIS

DISTINCTION RETRO OF CREDIT MORTGAGE

As to Consensual Resolutory Consensual Real Real Real Consensual Consensual

characteristic condition
of contract

Valid to TP- Public

Written None Must be in Must be in instrument- Registration Must be in
As to form Statute of Fraud instrument writing writing Valid to third -Binding third writing for
- Not covered by parties parties validity
Statute of Fraud

One party Transfer the One person

obligates himself legal title to the (assignor/credit
to deliver and vendee a retro. or) transfers to
transfer another his Securing the Debtors secure Receiving the
something to the Sale wherein the rights and action Loan for use or Loan for fulfilment of a to creditor the fruits. Apply it
As to purpose other party seller had the against a third temporary consumption principal fulfilment of a to interest and
( buyer/vendee/p right to person (debtor) possession obligation principal principal
urchaser) who, on repurchase the in consideration obligation
his part obligates subject matter or of a price
himself to pay the the property certain in money
price. being sold. or its
equivalent..
Ownership and Title and
As to possession is ownership of the Assignee Ownership of the Ownership is Creditor, or third Debtor or Creditor of
possession transferred to property sold are acquires thing loaned is transferred to the person by mortgagor debtor
buyer, although immediately ownership only retained by borrower agreement
transfer is vested in the upon delivery. lender
conditional vendee retro
 Barcelona, Joyce Ann A.
FMA-2A
Perfected from
Perfected by the moment the
As to perfection Perfected by registering and parties agree Perfected by Perfected by Perfected by
mere consent consolidating upon the credit Perfected by Perfected by delivery of the mere consent mere consent
titles to the or assigned and delivery delivery thing pledged
property. upon the price
even if neither
has been
delivered.

The thing must

be existing or at
least, have a Fruits of
Must be future or Non-consumable Money/Consuma Movables – Immovables & Immovables –
determinate or at contingent Credit or thing/ immovable ble thing/ incorporeal Alienable real appraisal at
least capable of existence: assigned. or movable fungible thing rights rights imposed their actual
As to subject being determinate property upon market value at
matter It must be immovables time of
determinate or application
determinable by
description or
segregation.

Seller: Price to be Principal

As to cause or The buyer returned will be The price paid Essentially Maybe gratuitous obligation Principal Fruits of an
consideration promise to pay more or less for the credit or gratuitous or onerous i.e contract from immovable
the price. than the original right. with stipulation of Compensation which its property
Buyer: sum paid by the interest stipulated for receives its life
The seller’s vendee. the pledge or
promise to deliver mere liberality of
the thing sold. the pledgor
 Barcelona, Joyce Ann A.
FMA-2A
Vendee entitled As to fruits of If the vendor Applied to
As to fruits to the fruits during Land: merely received No use of fruits Fruits can be Applied to Not applied interest then to
the period of Natural the fruits of unless it is included or not interest then to principal
redemption Industrial inheritance: stipulated included in the principal The creditor
Civil -he must deliver use of the thing does not have Creditor
them to the loan, because its any rights to acquires the
vendee use only for receive the fruits right to receive
- consumption the fruits of
property
When no
redemption was No obligation on
As to sale of made, vendee the part of the Extrajudicial Extrajudicial or Judicial
foreclosure acquires the vendee to judicial
property foreclose
irrevocably
As to deficiency Redemption Redemption No deficiency No deficiency No deficiency Deficiency Deficiency
judgement required required judgement judgement judgement judgement judgement
Pledgor : Right of
As to what He cannot Vendee may Liability of Equal amount of antichretic
must be recover the object alienate vendor: Same thing same kind and Demand its Excess of the debtor to
returned property. quality return upon proceeds of sale reacquire
-If they have offering another belongs to the enjoyment of
been sold, he thing in pledged. mortgagor even property.
must deliver the if there is no Hence the
price of the sale. stipulation to debtor cannot
that effect. demand it’s
return until the
debt is totally
paid.

Vendor has no If in bad faith: Bailor bears the Borrower bears Creditor shall be Debtor-owner Creditor bears
Seller bears the more right to Vendor shall loss the loss liable for loss or bears the risk of expenses
 Barcelona, Joyce Ann A.
FMA-2A
As to who loss redeem after always be deterioration of loss of the necessary for
bears the loss / expiration of answerable for the thing by property. its preservation
expenses period to redeem the payment of reason of fraud, and repair.
all expenses, negligence.
and for delay or
damages. violation of the
contract.