When A borrowed money from B, the latter gave him a check for ₱10M as it was a Sunday. Was the contract of mutuum perfected?
A)Yes, because the contract is valid in any form.
B)Yes, because the delivery of the check in an evidence of perfection.
C)Yes, because of the principle of mutuality.
D)No, unless the proceeds of the check shall have been delivered.

Question

Quizplus · Accepted Answer

The contract of mutuum, which is a loan of money, is perfected upon the delivery of the object of the contract. In this case, the delivery of the check does not constitute delivery of the money itself. The contract is only perfected when the proceeds of the check are actually delivered to the borrower.

When a Borrowed Money from B, the Latter Gave Him