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Co Ownership Rights Explained
Summary
Co-owners of undivided properties have rights such as use, profit sharing, disposal, and partition. In the Philippines, a co-owner can sell their share with a right to repurchase, allowing them to redeem only their share. An undivided property can be divided by agreement or through judicial partition. If a property can be dismantled, co-owners may physically divide it, but if impractical, a sale and proceeds distribution may occur. The right to repurchase allows sellers to buy back property, while the right of redemption applies post-foreclosure. Mortgaging a property with a repurchase right is possible, but the mortgage is subject to the repurchase. Ownership transfers upon full payment and delivery in sales, and oral sales of movable property are valid. In fortuitous events, the owner at the time bears the loss.Full Conversation
Andres Bonfacio, Ben Tulfo and Cardo Dalisay are the co-owners of an undivided house known as “The Hegg” located in Magdalena, Laguna. Andres Bonofacio sold with right to repurchase his share to BBM. Later BBM acquires Ben Tulfo’s and Cardo’s rights. Now Andres Bonifacio wants to redeem his share. BBM refuses and asks Andres to redeem the whole property. Is Andres Bonifacio allowed to redeem only his share?
In the Philippines, under the Civil Code, when a co-owner sells their share with a right to repurchase (pacto de retro), the repurchase should only involve the share sold, not the entire property. Andres Bonifacio should be able to redeem only his share.
Would you like further assistance or have any additional questions on this matter?
Would you like further assistance or have any additional questions on this matter?
Can an undivided house such as “The Hegg” be divided? How can it be done? What will be the shares of each co-owners?
Yes, an undivided house like "The Hegg" can be divided. Here's how it can be done:
- Partition by Agreement: Co-owners agree on how to divide the property.
- Judicial Partition: If co-owners cannot agree, the court can order the division.
Would you like more details on the judicial partition process?
- Partition by Agreement: Co-owners agree on how to divide the property.
- Judicial Partition: If co-owners cannot agree, the court can order the division.
Would you like more details on the judicial partition process?
What will be the shares of each co-owners?
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The shares of each co-owner can be determined based on their respective ownership interests. Here’s a brief guide:
- Andres Bonifacio initially had his share but sold it to BBM with the right to repurchase.
- BBM currently holds the shares of Ben Tulfo and Cardo Dalisay.
If Andres exercises his right to repurchase, he regains his original share. Otherwise, BBM retains the entire property.
Would you like more details on the judicial partition process or any other aspect of co-ownership?
The shares of each co-owner can be determined based on their respective ownership interests. Here’s a brief guide:
- Andres Bonifacio initially had his share but sold it to BBM with the right to repurchase.
- BBM currently holds the shares of Ben Tulfo and Cardo Dalisay.
If Andres exercises his right to repurchase, he regains his original share. Otherwise, BBM retains the entire property.
Would you like more details on the judicial partition process or any other aspect of co-ownership?
What if the “The Hegg” can be dismantled, can the co-owners physically divide it?
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If "The Hegg" can be dismantled, the co-owners can physically divide the property. This process is known as partition in kind. It involves dividing the property into physical sections that correspond to each owner's share. However, if dismantling is impractical or would significantly diminish the property's value, a judicial partition leading to the sale of the property may be necessary. The proceeds from the sale would then be divided among the co-owners according to their shares.
Do you need more details on the judicial partition process?
If "The Hegg" can be dismantled, the co-owners can physically divide the property. This process is known as partition in kind. It involves dividing the property into physical sections that correspond to each owner's share. However, if dismantling is impractical or would significantly diminish the property's value, a judicial partition leading to the sale of the property may be necessary. The proceeds from the sale would then be divided among the co-owners according to their shares.
Do you need more details on the judicial partition process?
What do you understand with the right to repurchase and right of redemption? Explain each
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Sure, here’s a brief explanation:
- Right to Repurchase (Pacto de Retro Sale): This allows the seller to repurchase the property within a specified period after the sale. It's a conditional sale where the seller has the right to buy back the property.
- Right of Redemption: This refers to the right of a property owner to reclaim their property after it has been foreclosed, typically by paying the outstanding mortgage balance and any additional costs within a certain redemption period.
Do you have any specific questions or need more detailed information on a particular aspect?
Sure, here’s a brief explanation:
- Right to Repurchase (Pacto de Retro Sale): This allows the seller to repurchase the property within a specified period after the sale. It's a conditional sale where the seller has the right to buy back the property.
- Right of Redemption: This refers to the right of a property owner to reclaim their property after it has been foreclosed, typically by paying the outstanding mortgage balance and any additional costs within a certain redemption period.
Do you have any specific questions or need more detailed information on a particular aspect?
Sarah G. sold with right to repurchase his property in Santa Cruz, Laguna composed of modern a house with pool and jacuzzi to Alden. Alden then mortgaged the property with SEA bank, Pagsanjan Branch so that he can obtain a bank loan. Can Alden mortgage the property even if it is subject to Sarah’s’ right of redemption?
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Yes, Alden can mortgage the property even if it is subject to Sarah's right of redemption. However, the mortgage will be subject to Sarah's right to repurchase the property. If Sarah exercises her right, the mortgage will be extinguished and the bank will have no claim over the property.
Do you have any other questions or need more details on this matter?
Yes, Alden can mortgage the property even if it is subject to Sarah's right of redemption. However, the mortgage will be subject to Sarah's right to repurchase the property. If Sarah exercises her right, the mortgage will be extinguished and the bank will have no claim over the property.
Do you have any other questions or need more details on this matter?
If you are the bank manager of SEA bank what will you require from Alden to effect the loan? Why do you say so?
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Alden will need to provide the following documents to effect the loan:
- Proof of ownership: Title deed or sale agreement.
- Right to repurchase agreement: Document showing Sarah's right to repurchase.
- Identification documents: Government-issued ID.
- Income proof: Salary slips, tax returns, or bank statements.
- Appraisal report: Valuation of the property.
These documents are necessary to assess the property's value, verify ownership, and ensure the loan's security.
Alden will need to provide the following documents to effect the loan:
- Proof of ownership: Title deed or sale agreement.
- Right to repurchase agreement: Document showing Sarah's right to repurchase.
- Identification documents: Government-issued ID.
- Income proof: Salary slips, tax returns, or bank statements.
- Appraisal report: Valuation of the property.
These documents are necessary to assess the property's value, verify ownership, and ensure the loan's security.
Why do you say so?
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The documents listed are standard requirements for securing a loan against a property. They ensure that the lender has sufficient information to assess the borrower's ability to repay the loan and the property's value as collateral.
Do you have any other questions regarding this situation or need further assistance?
The documents listed are standard requirements for securing a loan against a property. They ensure that the lender has sufficient information to assess the borrower's ability to repay the loan and the property's value as collateral.
Do you have any other questions regarding this situation or need further assistance?
When can an obligation be distinguished? Explain each
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An obligation can be distinguished based on the following factors:
- Nature of the Prestation: Obligations can be to give, to do, or not to do.
- Persons Bound: Obligations can be joint, solidary, or indivisible.
- Object of the Prestation: This includes obligations with a specific or determinate object versus indeterminate or generic objects.
- Conditions: Obligations can be conditional, with the obligation dependent on an event, or unconditional.
Do you need more detailed information on any specific type of obligation?
An obligation can be distinguished based on the following factors:
- Nature of the Prestation: Obligations can be to give, to do, or not to do.
- Persons Bound: Obligations can be joint, solidary, or indivisible.
- Object of the Prestation: This includes obligations with a specific or determinate object versus indeterminate or generic objects.
- Conditions: Obligations can be conditional, with the obligation dependent on an event, or unconditional.
Do you need more detailed information on any specific type of obligation?
When can someone legal assigned his credit?
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A person's credit can be legally assigned in the following scenarios:
- Voluntary Assignment: The creditor voluntarily transfers their rights to another party.
- Operation of Law: Credit is assigned due to a legal process, such as bankruptcy.
- Contractual Agreement: The assignment is stipulated in a contract or agreement.
Do you need more specific details or have another question about credit assignment?
A person's credit can be legally assigned in the following scenarios:
- Voluntary Assignment: The creditor voluntarily transfers their rights to another party.
- Operation of Law: Credit is assigned due to a legal process, such as bankruptcy.
- Contractual Agreement: The assignment is stipulated in a contract or agreement.
Do you need more specific details or have another question about credit assignment?
Arnel Padilla owes Bruno Mars, who assigns his credits to
Charlie Chaplin. Arnel, without knowing of the assignment, pays Bruno. Is Arnel’s obligation extinguished?
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In this scenario, Arnel's obligation may not be extinguished. According to the Civil Code of the Philippines:
- If the debtor (Arnel) pays the original creditor (Bruno) without knowledge of the assignment, the payment is generally valid.
- The obligation is considered extinguished only if the debtor was not notified of the assignment and acted in good faith.
Would you like more details on this situation?
In this scenario, Arnel's obligation may not be extinguished. According to the Civil Code of the Philippines:
- If the debtor (Arnel) pays the original creditor (Bruno) without knowledge of the assignment, the payment is generally valid.
- The obligation is considered extinguished only if the debtor was not notified of the assignment and acted in good faith.
Would you like more details on this situation?
can an oral sale of an Iphone legal? Why
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Yes, an oral sale of an iPhone can be legal in the Philippines. Under the Civil Code, contracts for the sale of movable property, such as an iPhone, do not require a written agreement to be valid. However, having a written agreement is recommended to avoid disputes.
Yes, an oral sale of an iPhone can be legal in the Philippines. Under the Civil Code, contracts for the sale of movable property, such as an iPhone, do not require a written agreement to be valid. However, having a written agreement is recommended to avoid disputes.
Is an oral sale of a black Toyota Car with plate number
TRUMP * valid?
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Yes, an oral sale of a black Toyota car with plate number TRUMP * can be valid in the Philippines. The Civil Code does not require a written agreement for the sale of movable property, including vehicles. However, for registration and ownership transfer purposes, a written document is advisable.
Do you need more information on how to proceed with the transfer of ownership?
Yes, an oral sale of a black Toyota car with plate number TRUMP * can be valid in the Philippines. The Civil Code does not require a written agreement for the sale of movable property, including vehicles. However, for registration and ownership transfer purposes, a written document is advisable.
Do you need more information on how to proceed with the transfer of ownership?
K has sold an Iphone to M by private instrument for
Php50,*. Who had ownership of the Iphone at the moment next after M had paid the Php *,* to K?
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Ownership of the iPhone transferred to M the moment he paid Php *,* to K. Under the Civil Code of the Philippines, ownership of movable property transfers upon delivery and full payment.
Do you need more assistance on this or any other legal matter?
Ownership of the iPhone transferred to M the moment he paid Php *,* to K. Under the Civil Code of the Philippines, ownership of movable property transfers upon delivery and full payment.
Do you need more assistance on this or any other legal matter?
Assuming K is an illiterate, can he sell an Iphone? If M is
a genius like Elon Musk, can he buy the Iphone of M?
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Yes, even if K is illiterate, he can still sell an iPhone. The law does not prevent illiterate individuals from engaging in transactions as long as they understand the nature of the transaction. Similarly, if M is a genius like Elon Musk, he can certainly buy the iPhone. The intelligence or literacy of the parties does not affect the validity of a sale of movable property.
Do you have more specific questions about the transaction or any other legal concerns?
Yes, even if K is illiterate, he can still sell an iPhone. The law does not prevent illiterate individuals from engaging in transactions as long as they understand the nature of the transaction. Similarly, if M is a genius like Elon Musk, he can certainly buy the iPhone. The intelligence or literacy of the parties does not affect the validity of a sale of movable property.
Do you have more specific questions about the transaction or any other legal concerns?
If the thing is loss due to fortuitous event or act or God,
who bears the loss?
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In the event of a fortuitous event or act of God, the risk of loss is generally borne by the owner of the property at the time the event occurred. This is based on the principle of "res perit domino" under the Civil Code of the Philippines.
Do you need more information about how this principle might apply to a specific situation?
In the event of a fortuitous event or act of God, the risk of loss is generally borne by the owner of the property at the time the event occurred. This is based on the principle of "res perit domino" under the Civil Code of the Philippines.
Do you need more information about how this principle might apply to a specific situation?
Gen. Torre bought in Santa Rosa City an ice cream
machine for a certain price from Marcoleta. It was agreed that delivery of the ice cream machim should be made within a certain time at the warehouse of the purchases in Manila, and the balance of the price should be paid at the moment of delivery. While en route to Manila, the machine was delivered by Gen. Torre to ICC to secure a loan obtained by him for his personal convenience. Do you think that Marcoleta can recover the ice cream machine from Gen. Torre? Why?
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Marcoleta may not be able to recover the ice cream machine from Gen. Torre. According to the Civil Code of the Philippines, until the balance of the price is paid and delivery is completed, ownership remains with the seller. However, since Gen. Torre delivered the machine to ICC to secure a loan, it suggests some level of control or ownership transfer.
Would you like more detailed information on the legal principles involved?
Marcoleta may not be able to recover the ice cream machine from Gen. Torre. According to the Civil Code of the Philippines, until the balance of the price is paid and delivery is completed, ownership remains with the seller. However, since Gen. Torre delivered the machine to ICC to secure a loan, it suggests some level of control or ownership transfer.
Would you like more detailed information on the legal principles involved?
While in Bangkok, Thailand Quiboloy bought a grey LV bag
from Nick on installment. Before Quiboloy complete
payment the LV grey bag was destroyed because of an earthquake. Who owns the bag at that time of the earthquake? If you are Nick what will you say to Quiboloy and why?
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In this scenario:
- Ownership: Generally, in an installment sale, the seller retains ownership until full payment is made. So, Nick still owns the bag.
- Liability: Since the bag was destroyed by a fortuitous event (earthquake), Nick bears the loss as he still owns the bag.
If I were Nick, I would inform Quiboloy that he no longer has to continue payments as the bag was destroyed in an event beyond both parties' control, and Nick, as the owner, bears the loss.
Would you like more information on similar legal principles or have another question?
In this scenario:
- Ownership: Generally, in an installment sale, the seller retains ownership until full payment is made. So, Nick still owns the bag.
- Liability: Since the bag was destroyed by a fortuitous event (earthquake), Nick bears the loss as he still owns the bag.
If I were Nick, I would inform Quiboloy that he no longer has to continue payments as the bag was destroyed in an event beyond both parties' control, and Nick, as the owner, bears the loss.
Would you like more information on similar legal principles or have another question?
Robin Bigote agreed to sell to Cocoy Martin his dog’s name
“Blacky”. Before the actual sale takes place, “Blacky” dies through no fault of Robin Bigote. Is Cocoy Martin liable to Robin Bigote for the price?
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Cocoy Martin is not liable for the price. The sale agreement was for a specific dog, "Blacky." Since the dog died before the sale could take place, the object of the sale no longer exists, thus voiding the agreement.
Would you like more information on contract law or have another legal question?
Cocoy Martin is not liable for the price. The sale agreement was for a specific dog, "Blacky." Since the dog died before the sale could take place, the object of the sale no longer exists, thus voiding the agreement.
Would you like more information on contract law or have another legal question?
If you are Cocoy, what will be your advice to Robin about
“Blacky”?
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If I were Cocoy, I would advise Robin that since "Blacky" died before the actual sale took place, the sale agreement is void. Therefore, there is no obligation for Cocoy to pay the price, and Robin cannot demand payment.
If I were Cocoy, I would advise Robin that since "Blacky" died before the actual sale took place, the sale agreement is void. Therefore, there is no obligation for Cocoy to pay the price, and Robin cannot demand payment.
When can you say that the price is certain?
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The price is certain when it is:
- Fixed by the parties in the contract.
- Determinable by a third party or through a specific method agreed upon by both parties.
- Based on a reference to a given price or standard.
Would you like to know more about any specific aspect of this?
The price is certain when it is:
- Fixed by the parties in the contract.
- Determinable by a third party or through a specific method agreed upon by both parties.
- Based on a reference to a given price or standard.
Would you like to know more about any specific aspect of this?
Eala is selling her tennis ball for the price equivalent to *
grams of * carat gold. Is the price certain?
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Yes, the price is certain. The value of * grams of * carat gold can be determined based on the current market price of gold. Therefore, this method provides a clear and measurable price for the tennis ball.
Would you like more information on any specific legal aspect related to this transaction?
Yes, the price is certain. The value of * grams of * carat gold can be determined based on the current market price of gold. Therefore, this method provides a clear and measurable price for the tennis ball.
Would you like more information on any specific legal aspect related to this transaction?
Furniture and tobacco were sold, the furniture at *% of
the price shown in a subsequent inventory, and the tobacco at the invoice price. Is the price here already considered certain? Explain
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The price is considered certain because:
- The furniture price is fixed at *% of the price shown in the subsequent inventory, making it determinable.
- The tobacco price is set at the invoice price, which is also clearly determinable.
Would you like more details on how prices are legally determined in sales contracts?
The price is considered certain because:
- The furniture price is fixed at *% of the price shown in the subsequent inventory, making it determinable.
- The tobacco price is set at the invoice price, which is also clearly determinable.
Would you like more details on how prices are legally determined in sales contracts?
On December *, *, Tere sold to Donald a piece of land situated in Liliw, Laguna with TCT No. * with an area of * Hectares, payment and delivery to be made on December *, *. It was stipulated that should payment not be made by December *, *, the contract would automatically be rescinded. On December *, *, can Donald still pay? Explain
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Donald cannot still pay on December *, *, because the contract stipulated that if payment was not made by December *, *, the contract would automatically be rescinded. Therefore, the contract is considered void and unenforceable as of December *, *.
Is there anything more specific you need help with?
Donald cannot still pay on December *, *, because the contract stipulated that if payment was not made by December *, *, the contract would automatically be rescinded. Therefore, the contract is considered void and unenforceable as of December *, *.
Is there anything more specific you need help with?
Kuya Cezar Areza sold to Atty. Gojas a piano. If Atty. Gojas wrongfully refuses to accept and pay for the piano, what action Kuya Cezar Areza has?
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Kuya Cezar Areza can take the following actions if Atty. Gojas refuses to accept and pay for the piano:
- Specific Performance: Demand that Atty. Gojas honor the contract and accept the piano.
- Damages: Sue for any financial losses incurred due to the refusal.
- Rescission: Cancel the contract and seek restitution.
Does this help, or do you have more questions about the situation?
Kuya Cezar Areza can take the following actions if Atty. Gojas refuses to accept and pay for the piano:
- Specific Performance: Demand that Atty. Gojas honor the contract and accept the piano.
- Damages: Sue for any financial losses incurred due to the refusal.
- Rescission: Cancel the contract and seek restitution.
Does this help, or do you have more questions about the situation?
What is chattel mortgage? Pls explain and give examples.
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A chattel mortgage is a loan agreement where personal property (chattel) is used as collateral to secure a loan. Unlike real estate mortgages, chattel mortgages involve movable property.
Examples:
- A car loan where the car itself is collateral.
- A business loan secured by equipment or inventory.
Do you need any more details or have another question related to this?
A chattel mortgage is a loan agreement where personal property (chattel) is used as collateral to secure a loan. Unlike real estate mortgages, chattel mortgages involve movable property.
Examples:
- A car loan where the car itself is collateral.
- A business loan secured by equipment or inventory.
Do you need any more details or have another question related to this?
Carol bought a BYD car on installment plan, and as security executed a chattel mortgage on it. Carol failed to pay * installments. The seller foreclosed the mortgage, but the sum he obtained was less than what Carol still owed him. It had been previously agreed in the deed of sale that Carol would be liable for any deficiency in this matter. May the seller still sue for the deficiency?
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Yes, the seller may still sue for the deficiency. Under Philippine law, if it was agreed in the deed of sale that Carol would be liable for any deficiency, the seller has the right to recover the remaining amount owed after the foreclosure of the chattel mortgage.
Would you like more details or have any other questions?
Yes, the seller may still sue for the deficiency. Under Philippine law, if it was agreed in the deed of sale that Carol would be liable for any deficiency, the seller has the right to recover the remaining amount owed after the foreclosure of the chattel mortgage.
Would you like more details or have any other questions?
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