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Q. |
A borrowed money from B. As security for the payment of the loan, he executed a chattel mortgage on the building erected on his land and the machinery stored therein. For failure to pay the loan, he was sued and a judgment was rendered against him, where the building and the machinery were levied upon. Is the chattel mortgage binding upon C, the plaintiff? |
A. | Yes, because the contract is the law between the parties; |
B. | Yes, insofar as the machinery is concerned but void on the building (See: Art. 415, NCC0; |
C. | Yes, with respect to both the building and the machinery because of the principle of liberty of contracts; |
D. | No, C is not bound at all because he is not a party to the contract. |
Answer» B. Yes, insofar as the machinery is concerned but void on the building (See: Art. 415, NCC0; |
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