1. No, the creditor cannot recover the loss of income of 1,000 pesos even if there is a stipulation.
This is supported by article 2115 of the Civil Code on the sale of thing pledged at public auction
which states that the sale of the thing the nominee eliminates the principal obligation, whether
or not it is the proceeds of the sale is equal to the value of the principal bond, interest and cost
in the right case. If the sale price is greater than this amount, the debtor is not entitled to the
deductible, unless otherwise agreed. If the sale price is lower and the creditor does not have the
right to withdraw deficiency, despite any prescription to the contrary.
2. No, D cannot claim the extinction of the ring pledge as long as the parts of Y and Z are paid. This
is supported by article 2089 of the Civil Code stating that “A pledge or mortgage is indivisible,
even if the loan may distribute to the beneficiaries of the debtor or of the creditor.
Consequently, the heir of the debtor who paid part of the debt cannot claim the proportional
extinction of the pledge or mortgage as long as the debt is not completely satisfied. The heir of
the creditor who received his share of the debtor returns the mortgage or cancels the mortgage,
at the expense of others unpaid heir.
3. Yes, the sale of the land made X because the mortgage was already registered prior to the
register of actions, which made it valid and enforceable against a third party anybody. And
between a registered mortgage and a subsequent sale, the buyer's right is less than the
registered mortgage.
4. The impairment is irreversible in situations I and II. My statement is irrevocable, it is in
accordance with the third sentence of Article 2115 that states that "if the sale price is lower, the
creditor should not be entitled to recover the deficit, notwithstanding any prescription to the
contrary. »Situation It is not recoverable either because by virtue of a movable hypothec sold in
several installments and in accordance with article 2140, the deficit may be recovered, except
case of movable property sold in several times.
5. Yes, the primary obligation is executed even with a deficit and C can no longer recover the
disability. It is supported by the second sentence of article 2115 stating that “If the sale price is
higher than said price amount, the debtor is not entitled to the excess, unless otherwise stated
OK. If the sale price is lower, the creditor is also not eligible withdraw the deficit,
notwithstanding any set contrary