Philippine Bar review · Question

Practice question: Real vs. Consensual Contracts

Multiple Choice Medium Jurisprudence

Practice question

Parties agree on commodatum of a particular tool, but the tool has not been delivered. Does the agreement alone perfect the commodatum itself?
  1. Yes, every contract is consensual
  2. Yes, because the tool is valuable
  3. No, the commodatum itself requires delivery, while an accepted promise may bind under Article 1934
  4. No, and no promise can ever have legal effect
  5. Yes, if the owner says the word “loan”

Legal references

  • Civil Code, Articles 1316 and 1934: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

Answer this question in flashcards to review your response and continue practicing.