Practice question
Two parties orally agree on an ordinary consensual service arrangement. In a separate transaction, they agree that one will lend a camera gratuitously for temporary use, but the camera remains undelivered. They assert that both arrangements necessarily await physical delivery of an object and neither can bind in any respect. Which is correct?
- The service agreement may be perfected by consent, while commodatum itself requires delivery and the accepted promise has its own binding effect
- Every service contract needs delivery of a movable
- Both must necessarily be void
- Delivery rules never apply to camera loans
- Only a notary can create either agreement
Legal references
- Civil Code, Articles 1315-1316 and 1934: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360
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