Business Law

35 EXAMPLE: X is the owner of a parcel of land under a torrens title registered in his name in the Registry of Property. His ownership is a real right directed against everybody. There is no deﬁnite passive subject. If the land is claimed by Y who takes possession, X has a personal right to recover from Y, as a deﬁnite passive subject, the property. If the same land

LAW | 101 | Business Law | lecture_notes |35 EXAMPLE: X is the owner of a parcel of land under a torrens title registered in his name in the Registry of Property. His ownership is a real right directed against everybody. There is no deﬁnite passive subject. If the land is claimed by Y who takes possession, X has a personal right to recover from Y, as a deﬁnite passive subject, the property. If the same land

107 receive from the sale of said goods, and that in the contrary event, both (D and S) undertake to pay to C such sums as D may fail to turn in as above stated.” In an action by C to recover the amount of the promissory note, C did not prove that he has not, in fact, received all the money derived from the sale of the goods mentioned. Issue: Is S liable on the note? Held: No

LAW | 101 | Business Law | lecture_notes |107 receive from the sale of said goods, and that in the contrary event, both (D and S) undertake to pay to C such sums as D may fail to turn in as above stated.” In an action by C to recover the amount of the promissory note, C did not prove that he has not, in fact, received all the money derived from the sale of the goods mentioned. Issue: Is S liable on the note? Held: No

3 (4) A juridical or legal tie (also called efﬁcient cause) or that which binds or connects the parties to the obligation. The tie in an obligation can easily be determined by knowing the source of the obligation. (Art. 1157.) EXAMPLE: Under a building contract, X bound himself to construct a house for Y for P1,000,000.00. Here, X is the passive subject, Y is th

LAW | 101 | Business Law | lecture_notes |3 (4) A juridical or legal tie (also called efﬁcient cause) or that which binds or connects the parties to the obligation. The tie in an obligation can easily be determined by knowing the source of the obligation. (Art. 1157.) EXAMPLE: Under a building contract, X bound himself to construct a house for Y for P1,000,000.00. Here, X is the passive subject, Y is th

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