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pautang ng walang kasulatan

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1 pautang ng walang kasulatan on Mon Apr 15, 2013 1:55 pm


Arresto Menor
Hi atty.,
Paano q po masisingil ang pautang qng walang kasulatan o promessory note? Peru may resibo nmn na sya at tumanggap ng halagang 200k mula sakin. Sapat na po ba yun to demand a payment from him?, cya po ang may ari ng inuupuhan namin ngayun.

Salamt po

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2 Re: pautang ng walang kasulatan on Sat May 04, 2013 10:24 pm


Arresto Menor
Di pa ako expert but I will try to share my idea and hopefully the experts can confirm or oppose.

Yes, your receipt that the other person accepted your 200k is enough to demand payment.
Art. 1358 last paragraph states " All other contracts where the amount involved exceeds Five hundred pesos must appear in writing, even a private one.
Also, Title II, Chapter 3 of the Civil Code talks about Form of Contracts. In summary, in a valid contract the form needed only for convenience and not for validity or enforceability. So, even if you only have a receipt, it is enough proof that the other person owes you that sum indicated on your receipt.

Regarding your 1st question, I'am not confident enough to share my thoughts about it.

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