Formative Assessment # 4

OBLIGATIONS AND CONTRACTS

1.) S sold his horse to B for 5,000. No date or condition was stipulated for the delivery of the
horse. While Still in the possession of S, the horse gave birth to a colt. Who has the right
to the colt? (Explain & justify answer cite also relevant article/s to support your
answer, min. of 10 Lines)

 B has the right to the colt if B already paid the purchase price and according to the
contract of sale “all the fruits shall pertain to the vendee from the day on which
the contract was perfected.” (Art. 1537, 2nd par.)
 But S has the right to the colt if B did not yet pay the purchase price and if the colt
is not yet born before the obligation to bring the horse to B.
 In this situation, S does not have to give the colt and B is not obliged to pay legal
interest on the price since the colt and the interest are deemed to have been
mutually compensated upon the completion of the condition or the arrival of the
period. (see Art. 1187)

2.) A binds himself to construct a house for B, it was stipulated that the house shall have an
area of 5 meters by 4 meters; 3 bedrooms; the kitchen painted white; If A does not
construct the house, may B ask C to construct the house at the expense of A. (Explain &
justify answer cite also relevant article/s to support your answer, min. of 10 Lines)

 Yes, B may ask C to construct the house at the expense of A because according to
Art. 1168. When the obligation consists in not doing, and the obligor does what
has been forbidden him, it shall also be undone at his expense.