Philippine Bar review · Topic

Autonomy

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Practice questions

  1. Under Article2130, what is the status of a stipulation forbidding the owner to alienate the immovable mortgaged?
  2. A lender demands only conventional interest allegedly agreed orally on a loan. No written interest stipulation exists, …
  3. A debtor partly performs a principal obligation. The creditor argues that the agreed penalty is immune from equitable r…
  4. A land mortgage secures a loan and provides that the creditor automatically becomes owner of the land on default, witho…
  5. A mortgage includes two disputed terms: an absolute prohibition on the owner alienating the mortgaged immovable, and a …
  6. Explain why a freely negotiated penalty remains subject to Article1229.
  7. A borrower orally agrees to pay conventional interest. Explain the specific limit on autonomy while distinguishing inte…
  8. A debtor argues that every signed mortgage clause is valid because private parties chose it. Apply Articles1306,2088 an…