QUIZ NO.

2
POINT OF PACTO REAL
ASSIGNMENT
DISTINCTIONS SALE DE COMMODATUM MUTUUM PLEDGE ESTATE ANTICHRESIS
OF CREDIT
RETRO MORTGAGE
As to kind consensual consensual Consensual real real real consensual Majority view-
consensual
Minority view-
real
As to object Anything, whether immovables Credit/ Non-consumable Consumable/ movables immovables Fruits of
Movables/ incorporeal thing fungible immovables
Immovables rights thing
As to form Statute of Frauds Statute of At least be in Exception: Public Registration- Writing-for
(writing) Frauds writing Writing- Instrument- for binding validity
(must be (private Recovery of for binding third persons
reserved in document- monetary third persons
the same valid between interest
instrument) the parties,
public
instrument-
affect third
persons,
registration-
real property)
As to cause Onerous (price) onerous Onerous Gratuitous Gratuitous or Compensation Accessory Accessory
onerous stipulated contract- is contract
that of the
principal
contract
As to possession/ Ownership is Ownership Assignee will Bailor (no Debtor (there Creditor or Debtor or Creditor or
ownership transferred to the and acquire transfer of is a transfer third person mortgagor Debtor
vendee by delivery. possession ownership ownership) of by agreement
is only upon ownership)
transferred delivery.
to buyer,
although
transfer is
conditional
As to purpose To transfer To To transfer the Use Consumption To secure Debtor To secure the
ownership reacquire right to collect repayment for secures to the performance of
the property the full value debt or to creditor the the principal
 sold. of the credit. denote the fulfillment of obligation
property the principal
which obligation
constitute
security.
As to what must “sale on return, the Same thing Same Same thing Equal The thing
be returned goods instead of amount of pledge
price” same kind
and quality
of thing
borrowed
As to fruits The buyer has a right Vendee a Vendor Limited to the Applied to Not applied Applied to
to the fruits of the retro profited by thing loaned but interest, then interest, then to
thing from the time entitled to some of the not to its fruits. to principal principal
the obligation to the fruits fruits he shall
deliver it arise. even during pay the
the period vendee.
of
redemption
As to taxes Vendor Buyer a Vendee Bailee Bailee Debtor or Debtor or Creditor
retro not pledgor mortgagor
entitled to
be
reimbursed
for land
taxes
As to sale or Recto Law When no Not applied Not applied Not applied Extrajudicial Extrajudicial Judicial
foreclosure (Extra Judicial or redemption or judicial
judicial) was made,
vendee a
retro
acquires the
property
irrevocably
As to risk of loss GR: Res perit Buyer Assignee Bailor bears the Bailee bears Creditor or Debtor or Creditor or
domino loss the loss third person mortgagor Debtor
Lost Seller by agreement
before bears
perfectio the
n loss
Lost at Seller
the time bears
of the
perfectio loss
n
Exception:
Lost after Buyer
the bears
perfectio the
n but loss
before
delivery
Lost after Buyer
perfectio bears
n and the
after loss
delivery

As to deficiency Deficiency judgment Redemption Not applied Not applied Not applied No deficiency Deficiency Deficiency
judgment required judgment judgment judgment