Practice question
A borrower already physically holds the owner's camera. They validly agree that the borrower buys it and that the buyer will henceforth possess it as owner, without any reservation of title. Is a physical return and second handover invariably necessary?
- Yes, constructive delivery is impossible
- No, Article 1499 recognizes delivery by agreement when the buyer already possesses the movable for another reason
- Yes, unless the camera is registered land
- No, because borrowing itself already transferred ownership
- Yes, because only public instruments can ever deliver movables
Legal references
- Civil Code Articles 712, 1475, 1477–1478 and 1496–1501: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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