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.
Correct Answer:
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