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Formal or Solemn Contracts Are Perfected by

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1. What is the nature of-contract to constitute a pledge, a deposit, a loan or a commodatum? a.

Real
contract
b. Consensual contract
c. Formal contract

2. Formal or solemn contracts are perfected by


a. Delivery of the object of a contract.
b. Execution of formalities required by law.
c. Mere consent by contracting parties.
d. Provisions of the law.

3. As a general rule, contracts shall be obligatory, in whatever form they may have been entered into,
provided all the essential requisites for their validity are present. However, when the law requires
that a contract be in some form in order that it may be valid or enforceable, or that a contract be
proved in a certain way, the requirement is absolute and indispensable. The following contracts are
required to be in certain form to be valid also known as formal contracts or solemn contracts,
except
a. Negotiable instruments must be made strictly in the form provided by the Negotiable
Instruments Law to be considered negotiable.
b. Contract of marriage requires the contracting parties to be man and woman, both at least 18
years old, with marriage license, and personal appearance before solemnizing officer with
authority to solemnize marriage.
c. Donations of personal property in excess of P5,000 must be made and accepted in writing to
be valid.
d. Donations of real property must be made and accepted in public instruments to be valid.
e. The antichretic agreement including the principal and interest of the contract of loan must be
specified in writing to be valid for the contract of antichresis to be valid.
f. The agreement to pay interest in a contract of loan must be in writing to be valid.
g. Registration of chattel mortgage is necessary for its validity.
h. A contract of partnership to which real property or real rights are contributed must be in a
public instrument, with an inventory of real attached there, to be valid.
i. Sale of a piece of land by the agent in the name of the principal, the authority of the agent to
sell the land must be in writing for such contract of sale to valid.
j. Sale of community/conjugal property by one of the spouses, there must be authority given by
the other spouse to the selling spouse.
k. The lease of personal property for a period longer than one year should be in writing to be
valid.

4. Which of the following is a valid agreement or stipulation?


a. Oral agreement to pay 2% per month interest based on the principal amount of
the loan b. Oral contract of antichresis
c. Written contract of sale of a piece of land by an agent in the name of the principal wherein
the agent has oral authority to sell the land
d. Oral contract of partnership wherein the delivery of money will be done after 5 years.
5. The following must appear in a public document in order to insure its efficacy or for mere
convenience but not for its validity, except
a. Acts or contracts which have for their object the creation, transmission, modification or
extinguishment or real rights over immovable property.
b. The cession, repudiation or renunciation of hereditary rights or of those of the conjugal
partnership of gains.
c. The power to administer property, or any other power which has for its object an act
appearing or which should appear in a public document, or should prejudice a third person
d. The cession of actions or rights proceeding from an act appearing in a public document
e. Contract of lease of movable property

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