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Philippine Bar review · Question

Practice question: Equitable Mortgage

Multiple Choice Medium

Practice question

In a purported sale with right to repurchase, the apparent purchaser retains part of the stated purchase price for personal use. Which Article 1602 circumstance does this establish?
  1. The listed retention-of-purchase-price circumstance supporting the equitable-mortgage presumption.
  2. Automatic creation of a valid donation.
  3. Automatic transfer of every adjoining lot.
  4. The complete absence of any statutory indicator.
  5. A requirement that the apparent vendor surrender all defenses.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 1602(4).

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