Philippine Bar review · Question

Practice question: Definition

Multiple Choice Hard

Practice question

Parties agree on the terms of a proposed commodatum but have not delivered its object. A party argues that Article 1315's general consent rule necessarily perfects every contract without delivery. Which answer is correct?
  1. Mere consent necessarily perfects every real contract
  2. Article 1316 makes commodatum a real contract perfected upon delivery, qualifying the general consent rule
  3. Commodatum can never be a contract
  4. The object's destruction is required for perfection
  5. The agreement automatically transfers ownership

Legal references

  • Civil Code Articles 1305, 1315–1320 and 1356: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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