1. What is easement? Distinguish easement from usufruct.
2. Can there be (a) an easement over a usufruct? (b) a usufruct over an easement? (c) an easement over another easement? Explain.
1. What is easement? Distinguish easement from usufruct.
1. What law governs the formality in the execution of the contract of sale? Explain your answer and give its legal basis.
In 1980 spouses Felisa and George, both Filipino citizens, migrated to the
1. How will you resolve the petition? Explain.
2. Will your answer be the same if George were & natural-born American citizen? Explain.
3. Will your answer be the same if Felisa were the illegitimate parent of Gilda? Explain.
4. Going back to the basic facts, suppose Felisa acquired her American citizenship during the pendency of the petition for adoption, will your answer be the same as in Question No. 1?
Rommel was issued a certificate of title over a parcel of land in
1. Will Rachelle's suit for reconveyance prosper? Explain.2. May the court cancel the notice of lis pendens even before final judgment is rendered? Explain.
Olivia owns a vast mango plantation which she can no longer properly manage due to a lingering illness. Since she is indebted to Peter in the amount of P500,000.00 she asks Peter to manage the plantation and apply the harvest to the payment of her obligation to him, principal and interest, until her indebtedness shall have been fully paid, Peter agrees.
1. What kind of contract is entered into between Olivia and Peter? Explain.
2. What specific obligations are imposed by law on Peter as a consequence of their contract?
3. Does the law require any specific form for the validity of their contract? Explain.
4. May Olivia re-acquire the plantation before her entire indebtedness shall have been fully paid? Explain.
On 10 September 1988 Kevin, a 26-year old businessman, married Karla, a winsome lass of 18. Without the knowledge of their parents or legal guardians, Kevin and Karla entered into an antenuptial contract the day before their marriage stipulating that conjugal partnership of gains shall govern their marriage. Al the time of their marriage Kevin's estate was worth 50 Million while Karla's was valued at 2 Million.
A month after their marriage Kevin died in a freak helicopter accident. He left no will, no debts, no obligations. Surviving Kevin. aside from Karla, are his only relatives: his brother Luis and first cousin Lilia,
1. What property regime governed the marriage of Kevin and Karla? Explain.
2. Determine the value of the estate of Kevin.
3. Who are Kevin's heirs?
Abraham died intestate on 7 January 1994 survived by his son Braulio. Abraham's older son Carlos died on 14 February 1990.
Danilo who claims to be an adulterous child of Carlos intervenes in the proceedings for the settlement of the estate of Abraham in representation of Carlos. Danilo was legally adopted on 17 March 1970 by Carlos with the consent of the latter's wife.
1. Under the Family Code, how may an illegitimate filiation be proved? Explain.
2. As lawyer for Danilo, do you have to prove Danilo's illegitimate filiation? Explain.
3. Can Danilo inherit from Abraham in representation of his father Carlos? Explain.
Pauline, Patricia and Priscilla formed a business partnership for the purpose of engaging in neon advertising for a term of five (5) years. Pauline subsequently assigned to Philip her interest in the partnership. When Patricia and Priscilla learned of the assignment, they decided to dissolve the partnership before the expiration of its term as they had an unproductive business relationship with Philip in the past. On the other hand, unaware of the move of Patricia and Priscilla but sensing their negative reaction to his acquisition of Pauline's interest, Philip simultaneously petitioned for the dissolution of the partnership.
1. Is the dissolution done by Patricia and Priscilla without the consent of Pauline or Philip valid? Explain.
2, Does Philip have any right to petition for the dissolution of the partnership before the expiration of its specified term? Explain.
Tim came into possession of an old map showing where a purported cache of gold bullion was hidden. Without any authority from the government Tim conducted a relentless search and finally found the treasure buried in a new river bed formerly part of a parcel of land owned by spouses Tirso and Tessie. The old river which used to cut through the land of spouses Ursula and Urbito changed its course through natural causes.
1. To whom shall the treasure belong? Explain.
On 8 December 1991 Vanessa purchased from the Manila office of Euro-Aire an airline ticket for its Flight No. 710 from
Vanessa sued Euro-Aire in
Armando owns a row of residential apartments in
1. What Juridical relation between Amparo and Armando, if any has resulted from Amparo's unilateral act of assuming the administration of Armando's apartments?
2. What rights and obligations if any does Amparo have under the circumstances? Explain.
In 1983 PHILCREDIT extended loans to Rivett-Strom Machineries, Inc. (RlVETT-STROM), consisting of US$10 Milllion for the cost of machineries imported and directly paid by PHILCREDIT, and 5 Million in cash payable in installments over a period of ten (10) years on the basis of the value thereof computed at the rate of .exchange of the U.S. dollar vis-a-vis the Philippine peso at the time of payment.
RIVETT-STROM made payments on both loans which if based on the rate of exchange in 1983 would have fully set tied the loans.
PHILCREDIT contends that the payments on both loans should be based on the rate of exchange existing at the time of payment, which rate of exchange has been consistently increasing, and for which reason there would still be a considerable balance on each loan.
Is the contention of PHILCREDIT correct? Discuss fully.
1. How would you classify the furniture-making machinery as property under the Civil Code? Explain.
2. Suppose the lease contract between
Yvette was found to be positive for HIV virus, considered sexually transmissible, serious and incurable. Her boyfriend Joseph was aware of her condition and yet married her. After two (2) years of cohabiting with Yvette, and in his belief that she would probably never be able to bear him a healthy child. Joseph now wants to have his marriage with Yvette annulled. Yvette opposes the suit contending that Joseph is estopped from seeking annulment of their marriage since he knew even before their marriage that she was afflicted with HIV virus.
Can the action of Joseph for annulment of his marriage with Yvette prosper? Discuss fully.
Michelle, the French daughter of Penreich, a German national, died in
1. What law determines who shall succeed the.deceased? Explain your answer and give its legal basis.
2. What law regulates the distribution of the real properties in the
3. What law governs the distribution of the personal properties in
Lawrence, a retired air force captain, decided to go into the air transport business. He purchased an aircraft in cash except for an outstanding balance of P500,000.00. He incurred an indebtedness of P300,000.00 for repairs with an aircraft repair company. He also borrowed P1 Million from a bank for additional capital and constituted a chattel mortgage on the aircraft to secure the loan.
While on a test flight the aircraft crashed causing physical injuries to a third party who was awarded damages of P200,000.00.
Assuming that the aircraft was sold for Pl Million, give the order of preference of the creditors of
In 1960, Maureen purchased two lots in a plush subdivision registering Lot 1 in her name and
Decide. Discuss fully.
Isidro and Irma, Filipinos, both 18 years of age, were passengers of Flight No. 317 of Oriental Airlines, The plane they boarded was of Philippine registry. While en route from
Back in the Philippines Irma immediately filed a claim for inheritance. The parents of Isidro opposed her claim contending, that the marriage between her and Isidro was uoid ab initio on the following grounds: (a) they had not given their consent to the marriage of their son; (b) there was no marriage license; (c) the solemnizing ofiicer had no authority to perform the marriage; and, (d) the solemnizing officer did not file an affidavit of marriage with the proper civil registrar.
1. Resolve each of the contentions ([a] to [d]) raised by the parents of Isidro. Discuss fully.
2. Does Irma have any successional rights at all? Discuss fully.