1. Within what time should an action for
reconveyance of registered land based on an implied trust be filed? Why? (p. 545)
2. Give the concept
of implied and constructive trusts. How do they arise?
3. Give an example of
resulting trust? (535)
4. There was an
action for reconveyance of a real property allegedly sold but without
consideration. IT WAS contended that the action has prescribed since 16 years
have already elapsed. Is the contention correct? Why? Will the action be barred
by laches? Explain. (p. 521)
5. A bought a
building together with the land upon which it is built from B. One of the
conditions is that upon the payment of ½ of its value, B would assign his
rights over the lease to which B did not comply. A demanded he refund of this
money and since B refused, he filed a suit for collection of a sum of money. B
filed a motion to dismiss on the ground that the contract if unenforceable
since it is only an oral one. Is the contention correct? Why?(p. 515)
6. X mortgaged his
land and building to GSIS as security of the payment of his obligation. Since
he failed to pay his obligation, GSIS foreclosed the mortgage. Centertown Tower Inc. was the highest bidder. Since the GSIS
was not authorized to engage in the real estate business, it organized a
corporation known as Towers Inc. The Tenants Association sued the GSIS,
Centertown and Towers for the annulment of the title on the ground that it is
void because it is ulta vires. Will the action prosper? Why? (p. 509)
7. A is the owner of
a house which is being verbally leased to B for five years. A orally promised B
that the lease would be renewed only to refuse it later. Can B go to court and
enforce his right that the contract be renewed after the expiration of the
contract? Why?
(p. 514)
8. The widow, in her
own behalf, and that of her children, as natural guardian, sold properties
belonging to her husband. After a sister of the husband obtained guardianship
over the persons and properties of the minors, an action to annul the sale
together with a prayer that they be allowed to redeem the properties of the
minor was filed. The trial court rendered judgment in favor of the plaintiffs.
On appeal, if you were the ponente, how would you decide? Explain.
9. May a trustee
acquire title over a property held in trust? State the general rule. In order
that he may acquire title by acquisitive prescription, what requisites must be
present? ( 542)
10. Give examples of
constructive trusts. (537)
End of the quiz
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