Practice question
What does Article 2088 prohibit?
- Every public foreclosure sale.
- Every mortgage securing a future obligation.
- Every lawful sale by the owner.
- Every recorded security instrument.
- A stipulation permitting the creditor automatically to appropriate the mortgaged property upon nonpayment.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 2085,2087–2092 and2124–2130.
- https://lawphil.net/judjuris/juri2024/aug2024/gr_217368_2024.html — Ruby Shelter Builders v Tan, GR 217368, August 5 2024, main opinion: pactum commissorium distinguished from consensual later disposition.
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