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Credit Transactions Commodatum etc, Assignments of Law

Credit Transactions Commodatum Deposit etcetera

Typology: Assignments

2020/2021

Uploaded on 03/29/2021

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Credit Transactions
Atty. Jomar Alyzar A. Betita
Colegio dela Purisima Concepcion
Juris Doctor II 2020-2021
Credit transactions: includes all transactions involving the purchase or loan of goods, services,
or money in the present with a promise to pay or deliver in the future (contract of security)
Two types of credit transactions:
1. Secured transactions- those supported by a security or collateral
2. Unsecured transactions – those supported only by promise to pay
Security: It is something given, deposited or serving as a means to ensure the fulfillment or
enforcement of an obligation or of protecting some interest in the property
Bailment: It is the delivery of property of one person to another in trust for a specific purpose,
with a contract, express or implied, that the trust shall be faithfully executed and the property
returned or duly accounted for when the special purpose is accomplished or kept until the bailor
reclaims it.
Parties in bailment:
1. Bailor – the giver, the party who delivers possession / custody of the thing bailed
2. Bailee – the recipient, the party who receives the possession / custody of the thing delivered
Kinds of contractual bailment with reference to compensation:
1. For the sole benefit of the bailor (gratuitous)
E.G. Gratuitous deposit, mandatum (do some act with respect to a thing)
2. For the sole benefit of the bailee (gratuitous)
E.G. Commodatum, gratuitous simple loan or mutuum
3. For the benefit of both parties
E.G. Deposit for compensation, involuntary deposit, pledge and bailments for hire:
Hire of things – temporary use
Hire of service – for work or labor
Hire of carriage of goods – for carriage
Hire of custody – for storage
Loan
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Credit Transactions Atty. Jomar Alyzar A. Betita Colegio dela Purisima Concepcion Juris Doctor II 2020- Credit transactions : includes all transactions involving the purchase or loan of goods, services, or money in the present with a promise to pay or deliver in the future (contract of security) Two types of credit transactions:

1. Secured transactions - those supported by a security or collateral 2. Unsecured transactions – those supported only by promise to pay Security : It is something given, deposited or serving as a means to ensure the fulfillment or enforcement of an obligation or of protecting some interest in the property Bailment: It is the delivery of property of one person to another in trust for a specific purpose, with a contract, express or implied, that the trust shall be faithfully executed and the property returned or duly accounted for when the special purpose is accomplished or kept until the bailor reclaims it. Parties in bailment: 1. Bailor – the giver, the party who delivers possession / custody of the thing bailed 2. Bailee – the recipient, the party who receives the possession / custody of the thing delivered Kinds of contractual bailment with reference to compensation: 1. For the sole benefit of the bailor (gratuitous) - E.G. Gratuitous deposit, mandatum (do some act with respect to a thing) 2. For the sole benefit of the bailee (gratuitous) - E.G. Commodatum, gratuitous simple loan or mutuum 3. For the benefit of both parties - E.G. Deposit for compensation, involuntary deposit, pledge and bailments for hire: Hire of things – temporary use Hire of service – for work or labor Hire of carriage of goods – for carriage Hire of custody – for storage Loan

Characteristics

1. Real –delivery is essential for perfection of the loan (but a promise to lend, being consensual, is binding upon the parties but it is only after delivery that the real contract of loan arises) 2. Unilateral – only the borrower has obligation **Kinds

  1. Commodatum:** where the bailor delivers to the bailee a non-consummable thing so that the latter may use it for a certain time and return the identical thing.
  • It may either be:
  • Ordinary commodatum; or
  • Precarium (whereby the bailor may demand the thing loaned at will) 2. Mutuum or simple loan: where the lender delivers to the borrower money or other consumable thing (when it is consumed in a manner appropriate to its purpose) upon the condition that the latter shall pay the same amount of the same kind and quality. Accepted Promise to Loan. Commodatum Nature of commodatum
  1. Essentially gratuitous (otherwise, if there is compensation, it might be lease)
  2. Temporary use of the thing loaned “for a certain time” (otherwise, if the bailee is not entitled to the use of the thing, it might be deposit) 3. Subject matter: A. Consumable goods – if the purpose of the contract is not the consumption of the object, as when merely for exhibition (article 1936) B. Movable or immovable
  3. Bailor need not be the owner (it is sufficient that he has a possessory interest 5. Purely personal A. Death of either party terminates the contract UNLESS there is stipulation to the contrary
  1. May demand the thing at will (PRECARIUM) in the following cases: a. Neither the duration of the contract nor the use to which the thing loaned should be devoted, has been stipulated b. Use of the thing is merely tolerated by the bailor
  2. May demand the immediate return of the thing in ordinary commodatum when: (Acts of Ingratitude) a. If the bailee should commit some offenses against the person, the honor or the property of the bailor, or of his wife or children under his parental authority b. If the bailee imputes to the bailor any criminal offense, or any act involving moral turpitude, even though he should prove it, unless the crime or the act has been committed against the bailee himself, his wife or children under his authority; and c. If the bailee unduly refuses the bailor support when the bailee is legally or morally bound to give support to the bailor Expenses:
  3. With regard to EXTRAORDINARY expenses: a. If for the preservation of the thing loaned, the bailor shall refund the bailee, provided the bailee brings the same to the bailor’s knowledge before incurring the, EXCEPT when they are urgent b. If it arises on the occasion of the actual use of the thing, with or without fault, they shall be borne equally (e.g. Vehicular accident) UNLESS there is a contrary stipulation 5. All other expenses, which are not necessary for the use and preservation of the thing must be shouldered by the borrower Damages:
  4. Bailor is liable for damages (with right of retention to the bailee until damages is paid) when the following requisites concur:
    1. There is a flaw or defect in the thing loaned
    2. The flaw or defect is hidden
    3. The bailor is aware thereof
    4. He does not advise the bailee of the same
    5. The bailee suffers damages by reason of the flaw or defect
  5. Bailor cannot exempt himself from the payment of expenses or damages by abandoning the thing to the bailee