Philippine Bar review · Question

Practice question: Requisites and Characteristics

Multiple Choice Easy

Practice question

Which is an essential requisite under Article 2085 for a real estate mortgage?
  1. It must have no principal obligation.
  2. The creditor must occupy the land immediately.
  3. The mortgage must secure fulfillment of a principal obligation.
  4. The mortgagee must automatically become owner on default.
  5. The mortgagor must always be the principal borrower.

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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