Professional Documents
Culture Documents
LAW ON OBLIGATIONS
1. Sources of obligations
a. Law
b. Contracts
c. Quasi-contracts (Negotiable gestio: Solutio Indebiti)
d. Delict (act or omission punished by law)
e. Quasi-delicts; Tort; Culpa aquiliana
2. Kinds of Obligations
Primary classification of obligations
1. Pure obligation
2. Conditional Obligation
3. Obligation with a period
4. Alternative obligation
5. Facultative obligation
6. Joint obligation
7. Solidary obligation
8. Divisible obligation
9. Indivisible obligation
10. Obligation with the penal clause
Secondary classification of obligations
1. Unilateral and bilateral
2. Real and Personal
3. Determinate and generic
4. Positive and negative
5. Legal, conventional and penal
6. Civil and natural
3. Circumstances affecting obligations
a. Fortuitous event
Fortuitous events are events which cannot be foreseen or which though foreseen are
inevitable.
When the debtor is unable to fulfil his obligation because of fortuitous event of force
majeure, his obligation to comply is extinguished subject to the following exceptions:
a. When stipulated by the parties
b. When the law expressly provide
c. When the nature of the agreement requires the assumption of risk
Conditions must concur in order that the obligor will be exempted from liability:
a. The cause of the breach of obligation must be independent of the will of the debtor
b. The event must be either unforeseeable or unavoidable
c. The event must be such as to render it impossible for the debtor to fulfil his obligation in
a normal manner
d. The debtor must be free from any participation in, or aggravation of, the injury to the
creditor
b. Fraud (Dolo)
Fraud consists in the conscious and intentional proposition to evade the normal fulfilment of
an obligation.
Kinds of Fraud:
a. Fraud in obtaining consent- dolo causanti
b. Fraud in performing a contract- dolo incidenti
c. Negligence (Culpa)
Negligence, fault or culpa of the obligor consists in the omission of that diligence which is
required by the nature of the obligation and corresponds with the circumstances of the
persons, of the time abd the place.
If the law contract does not state the diligence which is to be observed in the performance,
that which is expected of a good father of a family shall be required.
d. Delay, Default or Mora
Default or mora signifies the idea of delay. It is the non-fulfilment of obligation with respect
to time.
Kinds of delay:
a. Mora solvendi- debtors part
b. Mora accipiende- creditors part
c. Compensatio morae- both parties defaulted
Exceptions:
a. When stipulated by the parties
b. By provision of law
c. When the time is of the essence
d. When demand would be useless
e. Breach of contract (Culpa contractual)
Breach of contract means contravention of the tenor of the obligation
Characteristics of culpa contractual
a. There is pre-existing contractual relation;
b. The negligence of the defendant is merely an incident in the performance of an
obligation;
c. The source of liability id contract;
d. Proof of contract and its breach is sufficient prima facie to warrant recovery
The liability of employers for acts of employees is based upon the principle that the
negligence of the employee is conclusively presumed to be the negligence of the employer.
Proof of diligence in the selection and supervision of the employees is not available as a
defense.
4. Duties of the obligor in obligation to do or not to do
Obligation to do
In case of failure to performan obligation; performance in contravention of the agreement; or
obligation poorly done the creditor may demand specific performance plus damages.
Obligation not to do
In case of violation, the creditor may demand that it be undone at the express of the debtor plus
damages for breach of contract.
5. Extinguishment of obligation
a. Payment of debts in money
All monetary obligations shall be settled in the Philippine currency which is the legal tender
in the Philippines. However, the parties may agree that the obligation or transaction shall be
settled in any other currency at the time of payment.
Legal tender refers to such currency which may be used for the payment of all debts, wheter
public or private.
b. Mercantile documents as a means of payment
Delivery of mercantile documents by the debtor to the creditor does not produce the effect of
payment.
Exceptions:
a. When the mercantile document has been encashed;
b. When through the fault of the creditor, it is impaired.
c. Special forms of payment
Four special forms of payments under civil code:
a. Application of payment
b. Payment by cession
c. Dation in payment
d. Tender of payment and consignation
Strictly, application of payment, by its very nature, is not a special form of payment.
d. Remission or condonatio; confusion or merger; compensation; and novation.
LAW ON CONTRACTS
1. Elements
a. Essential elements ( Consent; object; cause )
b. Natural elements ( Presumed to exist )
c. Accidental elements ( Stipulation )
2. Principle of freedom and Limitation
The contracting parties may establish such stipulations, clauses, terms and conditions as they may
deem convenient, provided they are not contrary to the law, morals, good customs, public order
or public policy.
Examples of limitations:
a. Pactumcommissorium is null and void.
b. Upset price is not allowed in mortgage contract ( An upset price is a specified price below
which the mortgaged property is not supposed to be sold at the execution sale. )
c. The parties to a contract cannot deprive the court of competent jurisdiction.
3. Consent
Persons capable of giving consent to a contract:
a. Unemancipated minors;
b. Insane or demented persons;
c. Deaf mutes who do not know how to write;
d. Persons who are suffering from civil interdiction;
e. Incompetents under guardianship.
Requisites of consent:
a. Must be given by 2 or more persons;
b. Parties are capacitated to a contract;
c. Consent must be intelligently or freely given;
d. Express manifestation of the will of the contracting parties.
Vices of consent:
a. Mistake or error;
b. Intimidation or threat;
c. Violence or force;
d. Undue influence;
e. Fraud or deceit.
There is violence when in order to wrest consent, serious or irresistible force is employed.
There is intimidation when one of the contracting parties is compelled by a reasonable, of an
imminent and grave evil upon his person or property, or upon the person or property of his spouse,
descendants or ascendants to give his consent.
There is undue influence when a person takes improper advantage of his power over the will of
another, depriving the latter of reasonable freedom of choice.
4. Objects of contracts
Object of contract ( thing, rights or services )
a. Must be within the commerce of men
b. Transmissible
c. Licit
d. Possible
e. Determinate
5. Consideration of contracts
In onerous contracts, the cause is understood to be, for each contracting party, the prestation or
promise of a thing or service by the other.
In remuneratory contracts,the cause is the service or benefit remunerated.
In contracts of pure beneficence the ( gratuitous ), the mere liberality of the benefactor.
Cause is the essential and impelling reason why a party assumes an obligation.
In reciprocal contracts, the subject matter for one is the cause for the other.
6. Formalities of contracts
A contract shall be obligatory or binding in whatever form it may have been entered into provided
all the essential requisites ( consent, object and cause; and in certain specified contracts, delivery
or form of for its validity are present.
In the following cases, the form of the contract is essential:
a. When the law require that the contract be in some form to be valid ( for validity );
b. When the law requires that a contract be in some form to be enforceable or proved in a
certain way ( for enforceability ) ;.
c. When the law requires that a contract be in certain form for the convenience of the parties (
for convenience ).
7. Reformation
Reformation is that remedy in equity by means of which a written instrument is made or
constructed so as to express or conform to the real intention of the parties when some error or
mistake has been committed.
Requisites of reformation:
1. Meeting of the minds between the parties;
2. Instrument does not express the true intention of the parties;
3. The failure of intention is due to mistake, fraud, inequitable conduct or accident;
4. There must be clear and convincing proof.
The following instruments are not subject to reformation:
1. Simple donations inter vivos wherein no condition is imposed;
2. Wills;
3. The real agreement is void.
8. Interpretations of contracts
Basic rules in the interpretation of contracts:
1. If the term of the contracts are clear, the literal meaning of its stipulations shall control;
2. The evident intention of the parties shall prevail over the words of the contract;
3. The contemporaneous and subsequent acts of the parties shall be principally considered in
order to ascertain their intention;
4. Obscure words or stipulations in a contract shall not favour the party who caused the
obscurity;
5. Doubts in gratuitous contracts shall be settled in such a way that the least transmission of
rights and interests shall prevail;
6. Doubts in onerous contracts shall be settled in favour of the greatest reciprocity of interests.
9. Defective contracts
a. Rescissible contract;
b. Voidable contract;
c. Unenforceable contract;
d. Void contract.
Rescissible contracts
1. Those made by guardians when their wards suffer lesion by more than of the value of the
things which are the object thereof;
2. Those agreed upon in behalf of absentees if the latter suffer the lesion stated above;
3. Those made in fraud of creditors provided the following requisites are present:
a. There must be credit prior to the contract to be rescinded;
LAW ON SALES
1. Contract of sale
By the contract of sale one of the contracting parties obligates himself to transfer the ownership
of and to deliver a determinate thing, and the other to pay therefore a price certain or its
equivalent.
Sale is consensual, bilateral, onerous, commutative, nominate, and principal contract.
2. Sale versus other terms
In dation in payment, the debtor alienates property in favour of the creditor for a satisfaction of
monetary obligation. ( The obligation is money; the payment is property).
In cession in payment, the debtor transfers all the properties not subject to execution in favour of
his creditors so that the latter may sell them and apply the proceeds to their credits.
By the contract of barter or exchange one of the parties binds himself to give one thing in
consideration of the others promise to give another thing.
If the consideration of the contract consists partly in money, and partly in another things, the
transaction shall be characterized by the manifest intention of the parties. If such intention does
not clearly appear, it shall be considered a barter if thing given as a part of the consideration
exceeds the amount of the money or its equivalent; otherwise, it is a sale.
A contract for the delivery at a certain price of an article which the vendor in the ordinary course
of his business manufactures or procures for the general market, whether the same is on hand at
the time or not is a contract of sale , but if the goods are to be manufactured especially for the
customer and upon his special order, and not for the general market, it is a contract for a piece of
work.
3. Earnest money versus Option money
Distinctions between earnest money and option money.
1. Earnest money is a part of purchase price, while option money is the money given as distinct
consideration for an option contract;
2. Earnest money is given only where there is already a sale, while option money applies to a
sale not yet perfected;
3. When earnest money is given, the buyer is bound to pay the balance, while when the wouldbe buyer gives option money, he is not required to buy.
4. Rights / Obligations of Vendor and Vendee
Principal obligations of the vendor
1. To transfer the ownership of the determinate thing;
2. To deliver the thing;
3. To warrant against eviction and against hidden defects;
4. To take care of the thing pending delivery with proper diligence;
5. To pay for the expenses of the deed of sale, unless there is a stipulation to the contrary.
Principal obligations of the vendee
1. Accept delivery;
2. Pay the price of the thing sold.
5. Remedies of unpaid seller
1. A lien in the goods or right to retain them for the price while he is in possession;
2. In case of insolvency of the buyer, a right of stopping the goods in transit after he is parted
with the possession;
3. A right of scale;
4. A right to rescind the sale;
5. A right to enforce payment.
6. Warranties
Implied warranties of seller
1. Warranty against eviction
2. Warranty against hidden defects or unknown encumbrances
3. Warranty as to fitness or merchantability.
Vendors who are not liable of breach of warranty:
1. Sheriff;
2. Auctioneer;
3. Mortgagee;
4. Pledgee.
7. Conventional redemption or Legal redemption
Nature of conventional redemption:
1. It is a purely contractual right because it is created, not by mandate of the law, but by virtue
of an express contract;
2. It is an accidental stipulation and, therefore, its nullity cannot affect the sale itself since the
latter might be entered into without said stipulation;
3. It is a real right because when registered, it binds third person;
By-bidders or puffers are the persons who, without any intention to buy are employed by the seller to
raise the price by fictitious bids, thereby increasing the competition among the bidders. These bidders
and puffers are not bound by their bids because they are agents of the seller.
Right of seller to employ by-bidder
1. When the right is reserved
The owner should give notice that he would employ third persons to bid.
2. When the right is not reserved
The owner cannot employ by-bidders, otherwise, the sale is fraudulent.
LAW ON AGENCY
1. Contract of agency
Agency is a contract whereby a person binds himself to render some service or to do something in
representation or on behalf of another, with the consent or authority of the latter.
It is consensual, nominate, bilateral (unilateral, if gratuitous), principal, and preparatory contract.
2. Obligations of an agent and principal
Obligations of the agent
a. To carry out the agency in accordance with its terms; otherwise, he shall be liable for damages.
b. To answer for damages which through his non-performance the principal may suffer;
c. To finish the business already begun on the death of the principal should delay entail any danger.
d. To finish the business already begun on the death of the principal should delay entail any danger.
e. Not to carry out the agency if its execution would manifestly result in loss or damage to the
1. principal.
f. There being a conflict, not to prefer his own interests to those of the principal; otherwise, he shall
be liable for damages.
g. Not to borrow money of the principal who has authorized him to lend although at interest, without
his consent.
h. To render an account of his transactions and to deliver to the principal whatever the may have
received by virtue of the agency through it may not be owing to the principal.
Obligations of the principal
a. To comply with all the obligations which the agent may have contracted within the scope of his
authority and in the name of the principal;
b. To advance to the agent, should the latter so request, the sums necessary for the execution of the
agency;
c. To reimburse the agent for all the advances made by him, provided the agent is free from fault;
d. To indemnify the agent for all the damages which the execution of the agency may have caused
the latter without fault or negligence on his part;
e. To pay the agent the compensation agreed upon, or if no compensation was specified, the
reasonable value of the agents services.
3. Guaranty commission
Del credere commission (guarantee commission) is an additional commission by which the agent (who
also gets his ordinary commission) shall bear the risk of collection and shall pay the principal the
proceeds of the sale on the same terms agreed upon with the purchaser.
4. Modes of extinguishment of agency
a.
b.
c.
d.
e.
f.
2.
g. To promptly advise the pledgor or owner in case of sale at public auction of the result thereof.
Pactum commissorium
Pactum commissorium is a stipulation authorizing the creditor to appropriate the things given by way
of pledge or mortgage or to dispose of them. It is declared null and void by law.
The appropriation must be automatic without need of further act on the part of the debtor. Hence, the
prohibition, does not apply to:
1. Subsequent voluntary act of the debtor of making cession of the property; or
2. A promise to assign or sell said property in payment of the debt.
Causes for the extinguishment of pledge
3. Return of the thing pledged by the pledge or owner, any stipulation to the contrary being void;
4. Renunciation or abandonment executed in writing by the pledge even without return of the thing;
5. Destruction or loss of the thing pledged;
6. Extinction of the principal obligation by payment or sale of the thing pledged; and
7. Other causes of extinguishment of ordinary obligations.
2. Mortgage
Mortgage (otherwise known as real estate mortgage or real mortgage) is a contract whereby the debtor
secures to the creditor the fulfilment of the principal obligation, especially subjecting to such security
immovable, property or real rights over immovable property in case the principal obligation is not
complied with at the time stipulated.
Form and Effectivity to third persons
Contract of mortgage must be in public instrument and registered with the Registry of Deeds in order
to be effective against third persons.
Effects of a mortgage
8. It creates a real right. It directly and immediately subjects the property upon which it is imposed,
whoever the possessor may be, to the fulfilment of the obligation for whose security it was
constituted;
9. The mortgagee (creditor) may, therefore, demand payment from any possessor of the mortgaged
property;
10. He may alienate or assign the mortgage credit (his right as mortgagee) to a third person; and
11. The mortgage does not extinguish the title of the mortgagor (debtor) who does not, therefore, lose
his right to dispose of the mortgaged property. The law considers void any stipulation forbidding
the owner from alienating the property mortgaged.
3. Chattel mortgage
Chattel mortgage is a contract by virtue of which personal property is recorded in the Chattel
Mortgage Register as a security for the performance of an obligation.
It is an accessory, unilateral, and formal contract.
Property that may be the subject of chattel mortgage
1. An interest in a business.
2. Ungathered products, such as sugar cane.
3. Vessels
4. Shares of a corporation may be hypothecated by placing a chattel mortgage on the certificate
representing such shares.
5. Machinery placed by a person as tenant in a plant belonging to another.
6. A house belonging to a person which stands on a rented land belonging to another person may be
mortgaged as a personal property if so stipulated in the document of mortgage.
7. Certificate of public convenience.
Requisites to form contract of chattel mortgage
1. It must be signed by the mortgagor.
2. It must be signed by 2 witnesses.
3. It must contain an affidavit of good faith.
4. It must contain a certificate of oath.
5. It must substantially comply with Sec. 5, Act No. 1508.
Binding effect on third persons
In order to bind third persons, the chattel mortgage must be registered with the Chattel Mortgage
Register.
Laws that principally govern chattel mortgage
1. Chattel mortgage law (Act No. 1508)
2. New Civil Code
3. Administrative Code
4. Revised Penal Code
LAW ON PARTNERSHIP
1. Definition of Partnership
By the contract of partnership, two or more persons bind themselves to contribute money, property or
industry to a common fund, with the intention of dividing the profits among themselves.
Two or more persons may also form a partnership for the exercise of a profession.
2. Form of partnership contract
a. If the contribution is money or personal property
The contract may be oral or written, express or implied.
The law requires that if the capital of the partnership P3, 000.00 or more in money or property
(other than immovable), the contract of partnership must be in public instrument and registered
with the SEC. Such requirement is only directory, not mandatory. Non-compliance thereof does
not affect the validity of the contract of partnership.
b. If immovable property or real rights are contributed.
The partnership contract must appeal in public instrument together with an inventory of the
immovables or real rights contributed, signed by the parties and attached to the public instrument,
otherwise, the contract is void.
3. Rules of management
The partner who has been appointed manager in the articles of partnership may execute all acts of
administration despite the opposition of his partners, unless he should act in bad faith; and his power is
irrevocable without just or lawful cause. The vote of the partners representing the controlling interest
shall be necessary for such revocation of power.
A power granted after the partnership has been constituted may be revoked at any time.
If two or more partners have been entrusted with the management of the partnership without
specification of their respective duties, or without a stipulation that one of them shall not act without
the consent of all the others, each one may separately execute all acts of administration, but if any of
them should oppose the acts of the others, the decision of the majority shall prevail. In case of a tie, the
matter shall be decided by the partners owning controlling interest.
In case it should have been stipulated that none of the managing partners shall act without the consent
of the others, the concurrence of all shall be necessary for the validity of the acts, and the absence or
disability of any one of them cannot be alleged, unless there is imminent danger of grave or irreparable
injury to the partnership.
When the manner of management has not been agreed upon, the following rules shall be observed:
a. All the partners shall be considered agents and whatever any one of them may do alone shall bind
the partnership.
b. None of the partners may, without the consent of the others, make any important alteration in the
immovable property of the partnership, even if it may be useful to the partnership. But if the refusal of
the consent by the other partners is manifestly prejudicial to the interest of the partnership, the courts
intervention may be sought.
4. Application of payments made to a managing partner
If a partner-manager received money from a third person who owes the partnership and the managing
partner, the amount received as payment must be applied to both obligations in proportion to the
credits, if the receipt is in the name of the managing partner.
However, if the receipt is in the name of the partnership, the payment must be applied to the
partnership credit.
Exceptions to the rule that payment must be in proportion, if receipt is in the name of the managing
partner:
a. If the debt of the partnership is not yet due on the date of payment
b. If the debt to the managing partner is more onerous
5. Distribution of profits and losses
I. Distribution of profits
a. According to stipulation
b. No stipulation, according to capital contribution
II. Distribution of losses
a. According to stipulation
b. No stipulation, according to the profit sharing stipulation
c. Absence of a and b, according to capital contribution
Industrial partners profit: the share of the industrial partner in the profits if there is no agreement is
that which is just and equitable. (net profit)
Industrial partners losses: while he may be held liable by the third persons, still he can recover what
he paid from the capitalist partners because he is exempted from losses.
III. The designation of profit and loss sharing may be entrusted to a third person. The designation
made by the third person is binding upon the partners unless such is manifestly inequitable.
(Designation cannot be entrusted to one of the partners.)
6. Liabilities of partners to third persons
The partners, including industrial partners, are liable pro-rate after exhausting the partnership property.
7. Liability of newly admitted partner for obligations of the partnership
I. Obligations incurred before admission- a newly admitted partner is liable for obligations of the
partnership incurred before his admission to the firm. Such liability is limited to his capital
contribution, unless otherwise agreed.
II. Obligations incurred after admission- all partners, the original and the new partner shall be liable to
the extent of their separate property in satisfying, such obligation of the partnership.
8. Modes of dissolution of partnership
Causes of automatic dissolution
a. Without violation of the agreement
i. By termination of the term or particular undertaking.
ii. By express will of any partner, acting in good faith, when no definite term or particular
undertaking is specified.
iii. By express will of all the partners.
iv. By expulsion of any partners.
b. In violation of partnership agreement
c. If the business becomes unlawful to be carried on or for the members to carri it on in partnership.
5.
6.
7.
8.
9.
d.
e.
f.
g.
h.
PARTNERSHIP
HOW CREATED
VOLUNTARY agreement of
parties
TRANSFERABILITY OF
INTEREST
MISMANAGEMENT
NATIONALITY
CORPORATION
Created by the state in the form
of a special chapter or by a
general law (The Corporation
Code)
Not more than 50 years may be
reduced, but never extended
A transfer of interest makes the
transferee a stockholder, even
without the consent of the others.
CORPORATION LAW
1. Corporation
A corporation is an artificial being created by operation of law having the right of succession and
the powers, attributes and properties expressly authorized by law or incident to its existence.
2. What are some advantages of a corporation?
1. Death of a stockholder will not dissolve the corporation because of its power of succession.
2. Its management is centralized on the board of directors.
3. Shareholders have limited liability.
4. The shareholders are not general agents of the business.
5. The shares of stock can be transferred without the consent of the other stockholders.
minutes shall be liable to such director, trustee, stockholder or member for damages and addition,
shall be guilty of an offensive which shall be punishable under the Corporation Code.
11. Foreign corporation
A foreign corporation is one formed, organized or existing under any laws other than those of the
Philippines, and whose laws allow Filipino citizens and corporation to do business in its own
country or state.
An application for licence shall be under oath and shall specifically contain the name and address
of its resident agent authorized to accept summons and processes in all legal proceedings.
It shall have the right to transact business in the Philippines after it shall have obtained a license
to transact business in this country.
Laws applicable to foreign corporations
A foreign corporation doing business in the Philippines is subject to all laws, rules and
regulations applicable to domestic corporation of the same class except with regard to the
creation, formation, organization or dissolution of corporations and the relations, liabilities,
responsibilities, or duties of stockholders, members or offices of corporation to each other or to
the corporation.
Unlicensed foreign corporation doing business
A foreign corporation transacting business in the Philippines without a license shall not be
allowed to maintain or intervene in any suit, action or proceeding in any court or administrative
agency of the Philippines. Such corporation may be sued before the Philippine courts.
Unlicensed foreign corporation may maintain an action under the following instances:
a. Isolated business transaction in the Philippines;
b. Protection of its intellectual property in the Philippines;
c. Non-business transaction in the Philippines.
A foreign corporation planning to do business in the Philippines, must secure a license from the
SEC, before it can go to the SEC, such foreign corporation must secure a certificate of authority
from the Board of Investments.
Doing business covers:
a. Soliciting orders;
b. Serving contracts;
c. Opening offices whether liaison offices or branches;
d. Appointing representatives or distributors domiciled in the Philippines or who in any calendar
year stay in the country for a period or periods totalling 180 days or more;
e. Participating in the management, supervision, or control of any business or corporation in the
Philippines;
f. Any other act that imply continuity or commercial dealings.
The following do not constitute doing business:
a. Mere investment as a shareholder by a foreign entity in domestic corporations duly registered
to do business and/ or the exercise of rights as such investor;
b. Having a nominee director or officer to represents its interest in such corporation;
c. Appointing a representative or distributor domiciled in the Philippines which transact
business in its own name and for its own account.
MISCELLANEOUS TOPICS
1. Guaranty
By guaranty a person, called the guarantor, binds himself to the creditor to fulfill the
obligation of the principal debtor in case the latter should fail to do so.
If a person binds himself solidarity with the principal debtor, the contract is called a
surety ship.
The parties thereto are the guarantor and the creditor. Strictly speaking the contract
between the debtor and the guarantor is called the contract of indemnity.
2. Commission Agent vs. Broker
A commission agent is one engaged in the purchase and sale for a principal or personal
property, which for this purpose, has to be placed in his possession at his disposal.
A broker maintains no relation with the thing which he purchases or sells. He is supposed
to be merely a go-between, an intermediary between the sellers and the buyer.
3. Aleatory contract
By an aleatory contract one of the parties or both reciprocally bind themselves to give or
to do something in consideration of what the other shall give or do upon the happening of
an event which is uncertain, or which is to occur at an indeterminate time. (The element
of risk is present.) Examples: Sale of sweepstakes ticket; insurance.
4. Aleatory contract vs. Contract with surpensive condition
In aleatory contracts whether or not the event happens the contract remains only the
effects and extent of profit and losses are determined.
In contracts with suspensivecondition, if the condition does not happen, the obligation
never becomes effective.
5. Loan (Mutuum and Commodatum)
Mutuum (Simple Loan) the object loan is money or other consumable thing upon the
condition that the same amount or the same kind and quality shall be paid.
Commodatumthe object loaned is not consumable, the borrower may use the same for a
certain time and return it.
Commodatum is essentially gratuitous.
Mutuum may be gratuitous or with a stipulation to pay interest.
In commodatum, the bailor retains the ownership of the thing loaned; while in matuum,
ownership passes to the borrower.
6. Law on Business Organizations and Law on Business Transactions
Law on Business Organizations:
1. Law on Partnership (Civil Code)
2. Corporation Code
Law on Business Transactions:
1.
2.
3.
4.
5.
Date of effectivity:
1.
2.
3.
4.