1. It is a principle principle which which holds holds that contrac contracts ts must be binding binding to both both parties parties and its validity and effectivity can never be left to the will of one of the parties. a) b) c) d)
Obligat Obligatory ory force force of of contr contracts acts Mutual Mutuality ity of contrac contracts ts Auto Autono nomy my of contra contract cts s Relat Relativi ivity ty of of cont contrac racts ts
2. This This refers refers to the rule rule which which holds holds that the freed freedom om of the the parti parties es to contr contrac actt includ includes es the the freed freedom om to stipu stipulat late e provi provided ded the stipu stipulat lation ions s ther thereof eof are not not contrary to law morals good customs public order or public policy. a) b) c) d)
Obligat Obligatory ory force force of of contr contracts acts !utual !utuality ity of cont contrac racts ts Auton Autonomy omy of con contra tracts cts Relat Relativi ivity ty of of cont contrac racts ts
". #wen #wen $yn and %layne %layne bound bound themsel themselves ves solidar solidarily ily to pay &an the the sum of '(!. hen hen the oblig obligat ation ion beca became me due due and and deman demanda dable ble &an &an sued sued #wen #wen for for the payment of '(!. #wen moved to dismiss on the ground that there was failure to implead his solidary co*debtors who are indispensable parties to the case. ill the motion to dismiss prosper+ hy+ a) ,es because because $yn $yn and %layne should have have been impleaded impleaded as their their obligation obligation is solidary. b) No, becaus because e Lan may rocee! rocee! a"ainst a"ainst eit#er eit#er G$en, G$en, Nyn or %layne %layne or some or all of t#em simultaneously& c) $o becaus because e in solidary solidary obligatio obligations ns any one of the solidary solidary debtor debtors s can pay the entire debt. d) ,es beca because use $yn and %lay %layne ne will be undu unduly ly enriche enriched d at the the e-pe e-pense nse of #wen. . The /nivers /niversity ity of !indanao !indanao promise promised d to give '1! to any of their their barrister barristers s who will top the 201 ar %-am. A wee before the release of the bar e-am results a big fire ravaged the university destroying its properties including the vault where the '1! allotment is ept. 3uring the release of the bar e-am results 4lar a /! barrister emerged as the second placer. 4an 4lar demand the '1! from /!+ a) $o because because the the money was lost without without /!5s /!5s fault hence hence the obligatio obligation n is e-tinguished. b) $o $o 4lar 4lar cann cannot ot deman demand d the the enti entire re '1! from from /! /! but but can can only only as as for for damages.
c) 'es, because t#e money #ere is "eneric an! its loss !oes not e(tin"uis# t#e obli"ation& d) ,es because the obligation to give on the part of /! was not e-tinguished by the happening of a fortuitous event.
(. Arya is indebted to Auri in the amount of '(0000.00. hen Arya was ased to pay her obligation she said to Auri6 “I will pay you when I have money.” 7er obligation is deemed as6 a) b) c) d)
One $it# a erio! One with a suspensive condition One with a resolutory condition 3emandable at once
8. As a general rule demand is needed to put a debtor in default. hich among the following is an e-ception to this general rule+ a) b) c) d)
hen there is delay hen parties agreed that demand is needed #en time is of t#e essence of t#e contract $one of the above
9. The following are the duties of a debtor:obligor in an obligation to give a determinate thing e(cet6 a) To deliver the thing itself b) To ta*e care of t#e t#in" $it# t#e utmost !ili"ence of a +ery cautious erson c) To deliver the fruits accessories and accessions d) To answer for damages ;. It is a conduct that may consist of giving doing or not doing something. a) b) c) d)
Obli"ation
=. hen the consent of one of the parties is vitiated the contract is6 a) b) c) d)
oi!able Rescissible >oid /nenforceable
10. The following are void contracts e(cet6
a) b) c) d)
'actum comissorium 'actum de non alienado 'actum leonina -acto !e retro
