ADQUISICIONES DEL 2014

D. Both statements are false

65. I. If the price is grossly inadequate, the sale is void.

II. Whenever option money is given in a contract of sale, it shall be considered as part of the price and a proof of the perfection of the contract.

A. First statement is true, second statement is false. B. First statement is false, second statement is true. C. Both statements are true.

D. Both statements are false

66. I. Earnest money and option money both apply to perfected sale.

II. In a contract of sale of personal property the price of which is payable in installment, the vendor may cancel the sale should the vendee fail to pay.

A. First statement is true, second statement is false. B. First statement is false, second statement is true. C. Both statements are true.

D. Both statements are false

67. I. Should the vendee’s failure to pay, cover two or more installments, the vendor may foreclose the chattel mortgage on the thing sold but he shall have no further action against the purchaser to recover any unpaid balance of the price, except if there is an agreement to the contrary.

II. Sale is a consensual contract, therefore delivery or payment is not essential for perfection. A. First statement is true, second statement is false.

B. First statement is false, second statement is true. C. Both statements are true.

D. Both statements are false

68. I. The ownership of the thing sold shall be transferred to the vendee upon perfection of the contract.

II. An unaccepted unilateral promise to buy or to sell a determinate thing for a price certain is binding upon the promissory.

A. First statement is true, second statement is false. B. First statement is false, second statement is true. C. Both statements are true.

D. Both statements are false

69. I. The husband and the wife cannot sell property to each other, as a rule.

II. The sale of a piece of land or interest therein when made thru an agent is void unless the agent’s authority is in writing even if the sale itself is in s public instrument and has been registered.

A. First statement is true, second statement is false. B. First statement is false, second statement is true. C. Both statements are true.

D. Both statements are false

70. I. The expenses for the execution and registration of the sale shall be borne by the vendee, unless there is a stipulation to the contrary.

II. If the same thing should have been sold to different vendees the ownership shall be transferred to the person who may have taken possession thereof in good faith.

A. First statement is true, second statement is false. B. First statement is false, second statement is true. C. Both statements are true.

D. Both statements are false

71. I. Any stipulation exempting the vendor from the obligation to answer for eviction shall be void.

II. The vendor is responsible to the vendee for any hidden faults or defects in the thing sold only if he was aware thereof.

A. First statement is true, second statement is false. B. First statement is false, second statement is true. C. Both statements are true.

D. Both statements are false

72. I. If the animal sold should die within three (3) days after its purchase, the vendor shall be liable to the vendee.

II. The fixing of the price can never be left to the discretion on one of the contracting parties. However, if the price fixed by one of the parties is accepted by the other, the sale is perfected.

A. First statement is true, second statement is false. B. First statement is false, second statement is true. C. Both statements are true.

D. Both statements are false

73. I. Option money is considered as part of the purchase price while earnest money is not. II. The Maceda Law refers to the sale of personal property by installments while the Recto Law refers to the sale of real property by installments.

A. First statement is true, second statement is false. B. First statement is false, second statement is true. C. Both statements are true.

D. Both statements are false

74. I. If two or more animals are sold together, whether for lump sum or for a separate price for each of them, the redhibitory defect of one shall give rise to the redhibition of the others. II. There is no warranty against hidden defects of animals sold at fairs or at public auctions or of livestock sold as condemned.

B. First statement is false, second statement is true. C. Both statements are true.

D. Both statements are false

75. I. The ownership in the thing shall not pass to the purchaser until he has fully paid the price. II. If at the time the contract of sale is perfected, the thing which is the object of the contract has been partially lost, the contract shall be without effect.

A. First statement is true, second statement is false. B. First statement is false, second statement is true. C. Both statements are true.

D. Both statements are false

76. I. Where the seller of goods has a voidable title thereto, but his title has not been avoided at the time of the sale, the buyer acquires a good title to the goods.

II. If the vendee has renounced the right to warranty in case of eviction, and eviction should take place, the vendor shall only pay the value which the thing sold had at the time of sale.

A. First statement is true, second statement is false. B. First statement is false, second statement is true. C. Both statements are true.

D. Both statements are false

77. I. Unless otherwise agreed, the buyer of goods is not bound to accept delivery thereof by installment.

II. In case of doubt, a contract purporting to be an equitable mortgage shall be construed as a sale with a right to repurchase.

A. First statement is true, second statement is false. B. First statement is false, second statement is true. C. Both statements are true.

D. Both statements are false

78. I. The creditors of the vendor cannot make use of the right of redemption against the vendee, until they have exhausted the property of the vendor.

II. Sale is a real contract because delivery is necessary to transfer ownership to the buyer. A. First statement is true, second statement is false.

B. First statement is false, second statement is true. C. Both statements are true.

D. Both statements are false

CREDIT TRANSACTIONS (Cpar)

PLEDGE AND MORTGAGE