# X, 18 years old, borrow P2,000 from Y, 16 years old. On due date, X pays Y.

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## Question:

- X, 18 years old, borrow P2,000 from Y, 16 years old. On due date, X pays Y. is the payment valid? (Art. 1241 par.1)
- To whom payment or performance should be made or rendered? (Art.1240)
- If payment or performance is made or rendered to a third person, is it valid or not? (Art.1241 par.2)
- A owes B P10,000. On due date, they agreed that instead of cash B will accept A’s wristwatch which is worth more or less P10,000 as full payment. What special form of payment is this? (Art.1245)
- X owes several creditors in the amount of P1M all due and demandable. A has no enough money to pay for all of his obligations but he owns personal and real properties. May A use these properties to pay off his obligations? (Art.1255)
- A owes B the following: P1,000 due and demandable and P500 not yet due. A has P500 only. To which debt is the payment to be applied? Who has the right to apply the payment? What if both debts are due and demandable? What if both debts are of the same amount, let say P500 and are already due? (Arts. 1252-1254)
- What if the debtor refuses to accept your payment without valid reason? What if he is willing to accept the payment but he does not want to issue a receipt? What will you do? (Art. 1256 par1 and par.2 no.3)
- A pays B the amount of P100,000 by way of a check. If B accepts the check, is A considered to have paid the obligation? (art.1249 par. 2)
- X binds himself to deliver to B a specific object. While the object is in the possession of X it was lost. What is the presumption under the law? What if there is fortuitous event? (Art.1265)
- A binds himself to deliver to B a specific truck . Before delivery, the truck engine was stolen without fault on the part of A. Since there was only a partial loss of the object, is the obligation not yet extinguished? (Art. 1264)
- X is indebted to W in the sum of P2,000 evidenced by a promissory note executed in long hand by X. if W returns the promissory note to A, what is the presumption? (Art. 1271 par. 1)
- W owes Y P5,000 secured by a pledge of wristwatch. If Y condones the P5,000 indebtedness, what is the effect? (Art. 1273)
- A will deliver to B a narra dining table. B binds himself to deliver to A a bed made of dao wood. Both obligations are due and demandable. Will there be compensation? (art. 1279 par. 2)
- X binds himself to give Y a male German Shepherd puppy. Later on, X agrees to give Y a male Labrador Retriever puppy. Is there novation? (Art.1292)
- X agrees to sell W 50 bottles of multivitamins. But later they agreed to change the object to ecstasy party drug. Is there novation? Is X still obliged to sell to W 50 bottles of multivitamins? (Art. 1297)
- A owes B P3,000 due on December 15, 2020 secured by a pledged of A’s wristwatch. C is willing to assume the debt and B consents. This was done without the knowledge or consent of A. if C pays B, can he recover the amount from A? can he ask B to subrogate him in his right to the pledge? What if C fails to pay on the due date, can B hold A liable? Art.1294)
- Referring to letter I, what if the substitution was proposed by A and B as well as C consent and later on the new debtor fails to pay. Can B hold A liable? (Art. 1295)
- Subrogation under novation means change of creditor. Suppose A owes B P5,000. X wants to be creditor of A. All of the parties (A,B and X) agreed to substitute X in the place of B. what kind of subrogation is this? (Arts. 1300-1301)
- X owes W P100,000 secured by a real estate mortgage on a land owned by X. With X’s consent, Y pays X’s debt to W. If upon Y’s demand for payment from X, the latter refuses to pay his debt, can Y foreclose the real estate mortgage? ( Art. 1303)

**Related Book For**

## Discrete and Combinatorial Mathematics An Applied Introduction

ISBN: 978-0201726343

5th edition

Authors: Ralph P. Grimaldi