TN? Ion= of obligations which is a rule of conduct, just and obligatory, promulgat‘:,d by lzgitimatz ~authorities for common good, benefit and observance b. Quasi contracts c. Delicts Fae Contracts d. LAW -
Ajtridical necessity to give, to do or not to do a, Civil 'obligation b. Natyral obligation
c. Monti obligation
They give a right of action to compel their performance a. civil obligation b. moral obligation c. natural obligation
.4
Social obligation
d. social obligation
The obligee has a right to enforce,the obligation against the obligor in a court of law b. moral obligation
, c. natural obligation
d. 3°60 obligation
. • 5; This is based on equity and justice b. moral obligation a, civil obligation
c, natural obligation
d. social obligation
a., civil obligation
6. The person in whose favor the obligation is consti tined
a. Obligor
b. Obligee
c. P•s!ii ve subject
7. Synonymous to obligee 1: Creditor 2. Active stibjel a. and 2 b. 1 and 4
• • Dj.tor 4. P.6ss.' , subject c. 2 anc_. T;
8. The person who has the duty of giving, do,ng or not king a. Obligee b. Obligor e. Act;
d
9. Synonymous to ubligor 2. Active subject 1.) Creditor b. 1 and 4 a. 1 and 2
10.The object or subject matter of the obligation b. Vinculum a. Prestation
3.
subject
Del.-)tor c. 2 and 3
• c. Active subject
11. The efficient cause or juridical tie why the obligation exists b. Passive Subject c. Prestation a. Active subject 9
d. Dthtor
4.
Pv..ssi...e d and 4 .
J. P:lssive subjek:
Ll. Vinculum
12. The. duty not to recover what has voluntarily been paid although paymat was no ionwer c. Mord obligation, d. juridical b. Natural obligation a. obligation 13. The following are sources of obligations derived from law, eNcept a. contracts
b. 'quasi-contracts
luasi-delicts
14. Cannot be enformi by court action and depend exclusively u•on ill^. good cons -.;e7icc of die debtor. c. inora: obligation b. natural obligation d. -,ocial obligation a. civil obligation 15. A owes B P1,000 .. A, knowing that the debt has prescribed neverth-;less, still wiys B. an A reco.ver• what he voluntarily paid? Yes, because P has no right IX) demand the pLyrnent effec:ed by A Eira,answer No, the payment extinguished the natuail obligation. 5econd answer
ot,
a.Both answers are correct b. Both answers are wrong
c. Only the first is correct d. Only the second is correct
16. The duty to pay taxes and to support one's Family are obligations arising from d. Delic:s c. Quasi contracts b. Contracts IL Law
t7i Tliqrobligation of husband and wile to render mutuai help and support arises from 4.. ::ontaTict
b. law
c quasi-contract
d, quasi-delict
18. A supports 13, a minor because 13's father refuses to support B, The father is obliged to reimburse A. The source of obligation is b. quasi contract „ a. contract delict d. quasi — delict
19.: A jutidical relation resulting from a lawful, voluntary, and unilateral act and which has for its purpose , the payment of indemnity to the end that no one shall be unjustly enriched or henefited at the expense of h another. b.Quasi-contract c. Delict d. Quasi-delict a-COntact 20. When a person vOluntarily takes charge of another's abandoned business or property without the owner's authority where reimbursement must be made for necessary and useful expenses. b. Quasi-delict L' a. Quasi-contract' e. Negotiorum gestio d. Solutio indehiti
a( 21. When something is received when there is no right to demand it , and it was unduly delivered thru mistake, the recipient has the duty to return it b. Quasi-delict a. Quasi - contract c. Negotiorum gestio d. Solutio indebiti 22. - A ouaskontract is an implied contract - A defendant who is acquitted in a criminal case is no longer 0. false, true b. true, false a. true, true or cuipa aqUiliar,a is 6 23. Torta. Quasi-contract
b. Quasi-delict
civilly
c. Negotiorina gestio
d. false, false d, Solutio indebiti
24. A fault or act or omission of care which causes claninge to :d other, there being no pre-existing contractual relations between the parties a. Quasi-contract b. Quasi-delict • c. Negotiorum gestio d. Solutio indehiti • 25. Orniasinn of the diligence which is required by the oircuinstances of person, place and.titne a. Ignorance b. Negligence c. Irrpotence d. insanity 26. Unless the Jaw or the stipulation of the parties require another standard of care, every person obliged to give something is also obliged to take care of it with the proper diligence c. Of a father of a good family a. Ooserving utmost care d. Observing ordinary diligence b. Observing extraordinary care
diligence is n 27. Ordinary a. Diligence of a good father of a family • ,
b. Extraordinary diligence
c. Diligence required by law d. Diligence of a father of a good family
IP 28. The creditor has a right to the fruits of the thing a. From the time the obligation to deliver it arises c. From the time there is meeting of the minds d. From the perfectiou of the contract b. From the time the fruits have been delivered 29. From the time the fruits have been delivered, the creditor shnil tteilu ire c. Moral rOit b. Personul right ' P. Real right
d. Iii.t:hoate right
CU, 30. If A sells to B a fountain pen, the giving by A to B of the fountain pen is Constructive c. Symbolical tradition d. Traditio longa - manu b. a. Actual tradition delivery
a/ 30. If A sells to B a fountain pen, the giving by A to B of the foUnt;lin pen is Constructive c. Symboiical tradition b. a. Actual tradition delivery
Traditio longa-manu
Items 31-35 A kind of constructive delivery whereby: (k) 31. There is delivery when the keys of a warehouse are given c. Traditio brevi manu a. Traditio sinnbolica ci, Truditio constitutom possessorium b. Traditio longa-rnanu -
the object. 32. here is delivery by mere consent or the pointing out of u. Tr adi ti brevi - manu a- Traditio, siraboi ica
Tra4itio • . _ - . conga-manu -
BL-62-41 2
Traditio constitutora possessorium
A possessor
of a thing not as an ()twice, becomes the posses so r as owner sumbolica Traditio brevi• mann Traditio conga-mono d. Traditio constitutom possesshriurn 4.. A possessor of ft thing as an owner retains possession no a.,Tmditio simbolica loiTcr as an owner, but in !'.orne ether capacii. c. Trad it brevi mono b. Traditio conga-mane •
-
Trail it;o eonstitutom
e opposite of brevi-manu Longa manu SiraboliCa • -
Constitutom possessors um d. QuiLsi.ttadition
a- fig is capable Of particular designation . b. Specific •
a. Generic 37.
c. Indeterminate
d . Indeterminable
a thing refers to a class, to a genus
b, Specific and cannot be pointed out with particularity. c. Determinate d. Itideterminable
:Ge2neric
38 A wifo was about to deliver a child. Her parents brought her to the hospital 'Wh6 should pay C le expenses for medical attendance? Aatm_L
-
The husband, because it is Ws duty to support his wife and support attendance. includes tned ical
Zgmlysi:2 The parents, because they were the persons,who brhe 'Both answers are correct ought t "wife" to the hospital c. Only the first is correct -
b. Both answers are not correct
d. Only the second is corre.ct
39, The following are kinds of ftuits of an obligation, except Mural b. industi jai civil 6,
d. penal
40. Spontaneous products of the soil and.:he Offspiing and other products of animalf; a., natural b. industria.I C. civil
d. penal
,
41. Products of the soil through cultivation or intervention of human labor. • a. natural b. industrial c. civil
d. pen:11
d. pen;11
42. Fruits arising out of contracts — like rental payments a., natural b, industrial c. civil
d. penal
43. When does the obligation to deliver arise Inhere is nolerm or condition, then from the perfection of the contract , „6riumr_2 If there is a term or condition, then from the moment the,term arrives or the condition happens a. True,strue b. True, false c. False, iTLIC d. false, false C.
44. A is obliged to give. B 10 kilos of sugar, which of the following is not correct a.B can demand that A obtain the sugar and deliver it to him b.B can just buy 10 kilos of sugar and charge the expenses to A can insist on just pa.ying,B damages or the monetary value of the sugar • d,B may require another person to deliver the sugar and charge the expenses to A 45. Where demand by the creditor shall be necessary in order that delay may exist a. When time is of the essence of the contract b. When demand would be useless c. When the obligor has 'expressly acknowledged that he is in default d. When the obligor requested for an extension of time 46. Debtor's default in real obligation
a. Mora accipiendi b. Mora solveudi ex re -
c. Mom )1ven(ii cx persona (I. Comp, nsatin roorap
Debtor's default in personal obligation Mona accipiendi ;b. Mora solvendi ex-re
c. Mora solvendi-ex persona d. Compensatio morae
8; Default on the part of the creditor a. Mora accipiendi b. Solvendi ex re
Mora solvendi ex persona Compensatio morae
-
Default on the part of both parties a: Mora accipiendi b. Mora solvendi ex-re
t.:
Mont solvendi ex person; Coni•ensatio
50.A borrowed money from B payable on Dec. 10, 2006. 11 a: because there is stipulation as regards the due date.
led to pay on due clate. will A be in delay?
.<'. li, Nes, ifthe obligation is in writing. No, because demand has not been made by 13. .d. •No,.if A the. money to pay B. 51.Damag ,a. Mo
• • ed for mental and physical anguish • b. Exemplary. c. Nominal
52. Damages awatdedrto.Vindicate aright a. Liquidated b, Actual A
c.
Ck
53. Damages awarded to set an example b. Liquidated a. Exemplar
• c. Nominal
c. Nominal
d. Temperate
d. Exemplary
d. Moral
54. When the exact amount of damage, cannot be ascertained o. Exemplary b. Liquidated c. Temperate
d. Moral
55. Damages.predeteimin.ed beibrehand b. Liquidated a. Tempetate
d. Moral
c. Actual
56. A obliged himself to deliver to B the following: 1) 2007 Sing-it Yamaha Organ 2) Malagona passenger jeepney with engine No: 69 and chasis No. 88 i First Sttltement In case A failed to deliver the 2007 Ykunaha Organ, the court may compel A to deliver th. 2007 Yamaha Organ plus (Itmages • . • Second Staternegt In .case A failed to deliver the jeepney, the court may compel A to deliver the jeepney plus damages
a. Tax, true b. True, false c. False, true d. False, false 57. 1: If a person obliged to do something fails to do it, the same shall be executed at his cost. II. Those who in the performance of their obligati6ns a-e guilt of fraud, negligence, or delay and those who in any manner 'contravene the tenor thereof, are liable for damages.' d. False, false c. False, true b. True, false . a. True; true 58. 1. Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for fraud is If the law, or contract does not state the diligence which is to be observed in the performance of an obligation, that which is expected of a father of a good family shall he.required. d. False, false c. False, true b. True, false a. True, true
59
The receipt of a later installment of a debt without reservation as to prior installments, shall rise to a rebuttable presumption that such installments have been paid II. If a taxpayer pays his income tax liability for the current year, there is a presumption that tax liability for the previous year has been paid. e, False, true U. False, false b. True; false a..True, true
• 60, With regard to the right as to the fruiis or the thing, whic.11 i. Noteorrect?
.
•4•....
If the obligation is subject to a suspensive condition. the obligation to deli , arises from lir, moment the condition happens.
.
.. •
If the obligation is subject to a suspensive pl:ziod, the obligation to deliver arti sts upon thL: . ;expiration of the term or period theri Is no condition or term for its fulfillment, the obligation to deliver arises from the
Pezfection.of the contract or creation of the obligation If the obligation arises from a contract of sale, the vendor has a right to the fruits of the thing from :::the time the obligation to deliver arises. A IS obliged to deliver his only Car. to B on November 20, 2007. If A does het deliver, and cn November 2007, a typhoon destroys the car aiA is not. liable because the obligation is extinguished A is liable because he is in delay A and B will divide the loss equally d.A's obligation is converted into a monetary obligation 624, ' When what is to be delivered,is a determinate thing, the creditor may compel the debtor to make the delivery and if the debtor refuses, the creditor may ask that the obligation be complied with at the expense of the debtor. II. -The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they iney not have been mentioned. a. True, True b. True, False c. False, True d. Fake, False 63.What is the basis of the liability of a school when a student is •iabbed inside the campus by a s'zanger in the school? a. Contracts b. Quasi-contracts c. Delicts d. Quasi-rieliets 64. The following except one, are included in civil liability. The exception is a. Restitution b. Reparation c: Indernnifimtion d. Starvation 65. The thing itself shall be restored, its a rule a.. Restitution b. Reparation c. Indemnification d. Stn*. ation
L
66. The court determines the amount of damage taking into consideration the price of the thing anri its
sentimental value to the injured person' a. Restitution b. Reparation c. Indemnification d. Starvnion 67. The consequential damages suffered by the injured person and those suffered by his .`,*.ainily person by reason of the act a. ResEtution b. Reparation c. Indemnification d. Starvation
68.. Action to irrapugn or rescind acts or contracts done by the debtor to defraud the creditors a. Accion reinvindieatoria b. Accien paulinna c: Action 5ubrogatoria d. Accion quanti-n,incris 69. A borrower agreed, that incase of non-payment of his debt. to render services as a servant. Which cat he folio*** is not correct? a. lithe services will be rendered in satisfaction of the debt. the stipulation is
I
t Willi.
b. If the services will be "for free", the stipulation is void rt:r being contrary to low und morals. c. If the services will not be gratuitous, specific oerfo....mai,...‘e of the service will te the proper remedy in case of non-compliance.;. d.. Should there be a valid stipulation as regards the rend ion oi services, ',in a. lion for datilazes should be brought in case of non-compliance.
G 70.
A ordered B, a 10 year old boy to climb a high and slippery mango tree with a promise cc give .him part ofthe fruits. B was seriously injured when he fell while climbing the tree. Is A liable? A) first Answer B), second Answer
;, a. True, true
No, because no person shall be respcnsible for fortuitous events. Yes, because A was negligent in making the order without taking due care to avoid a reasonable foreseeable injury to E. c. False, true b. True, false d. False, false
71. A pays for B's transportation fare, without B's knowledge and later discovers that B was entitled to halftime. Which is not correct?
over the half-fare from 13 can recover ,the half-fare from the carrier
c. A can recover 'A from B and'/ from the carrier d..A can recover half-fare from 13 only
.:A borrowed P100,000 from B. The loan was secured by a mortgage of A's land in favor of B. Without knowledge of A, C paid 13 the sam of P100,000 for A's debt. As a result a. C may foreclose the mortgage on A's land if A cannot pay C cannot claim reimbursement from A inasmuch as the payment was made w ithout the knowledge of
recover the amount from B in case A refuses to reimburse C er obligation' of A to B was extinguished but A should reimburse C the amount of PlOCI,000 e was benefited by the payment
:rWheu
t.t ..4ebtor of a debtor is ordered not to pay the latter so that preference would be given to the
Ciaraishment •
-
b. Interpleader
c. Injunction
d. Attachment
:obtained • , i n• • loan. from B bank. The loan was embodied in several promissory notes, As security the Wer .executed a chattel mortgage on his standing crops. Said crops were however subsequently yad by, typhoon "Rosing". Is A still liable for the loan despite the destruction of the crops by a
ortuiions2. 6tent? • ll612at . " . ". Yes, the obligation of A was to deliver,a generic thing -- money. nd No; the obligation was to deliver determinate; things — the standing crops. nsv,er.. a true
b. True, fidsc
e.
d. 1,tice ftdse ,
75.A. sold a half --interest in his specific car to B. it was agrel that the price to be paid by B would be
used in installing a new engine on the car. Later, the ear Wils destroyed by a fotwitous event. is B's obligation to Pay the price extinguished?, J ° answer Yes, there is no more use of installing. a new engine since the car has already been destroyed by a fortuitous event. answer No, B must still pay because his obligntion to pay is generic.
a. True, true
b. True, false
c. False, lute
d. False,.faise
76. I. A conitnits the .crime of theft and is asked to return the car to its owner 11.. tf. before tiic car delivered to B it is destroyed by a. fortuitous event, Is A's liability extinguished'? R. Using above statement, A had previously asked the owner to accept the car, but the owner without any justifiable reason refuses accept the car, and it is destroyed by a fortuitous event. Is A's
liability extinguished? a. Yes, Yes
b. No, l'es
c. Yes, No
77, I. There is no delay in an obligation not to do something IL SolutiO ind'ebiti and negotiorum gestic) are implied contracts c. False, true b. True, false a. True, true',
d. No. No
d. False, false
78. I. Consent of the parties is required in quasi-contract. Thelc!editor acquires real rights over the thing from the time the obligation to deliver arises c. False, true d False, Use b. True, false a. Tree, true
C.
7 9. The creditor has a right to the fr tits of the thing from the time c. The obligation to deliver the thing arises a. The.thingis.delivered d. The sale L. perfected b. The fruits aie delivered
iv" 80. The buyer has the right to the fruits of the thing from the time • c. The obligation to deliver the thing arises a. The thing is delivered d. The sale 1;: perfected b. The &nits :are delivered
is
81. Which .is.not considered as quasi-contract? a. Solutio indtbiti
b. "Nirgotiorura gestio
BL 62 —
a When the third person with the knowledge of the debtor, pays the debt' d....Itelmbnrsement due the person who saved .propert• riuring fire or typhoon without the. knowledge of the owner ;.No longer enforceable by court action but is binding on the party who Oblige with it in conscience is c. Moral obligation a: Civil obligation d. Conditional obligation b...Natural obligation
If A pays a debt that has prescribed: •L not knowing it has prescribed, A can recover pn the ground of undue payment . 2. knowing it has prescribed. A cannot recover for this would be case of nattiail obligation c. Only 2 is tn:e a. Both I and 2 are true , • d. Both 1 aNd 2 are false b.. Only 1 is true
On June 24, 2007, A is obliged to give B his specific cikr. There was no delivery until June 30 wen the garage of the car collapsed due to heavy rain and strong winds of Typhoon Pining, and the car was totally destroyed. Is A stin.liable ." a.INO, even if A was in default, he could plead impossibility of performance b.y9s, because the contact is perfected °No, because there was no demand by B to deliver the car • d.YeS; the obligation to deliver the car is changed to pay the equivalent value because B is in kiwi
delay 85.7This obligation is demandable at once when it tA.Ilas a resolutory condition b. Has a suspensive condition c. Is with a term ex die d. Has a period -
et.
C6. When the debtor binds himself to pay when his means permit him to do so, the obligation shall be .deemed to be ‘•:ith a a. Resolutory period b. Suspensive condition c. Potestaiive condition d. Pa i(,1
e
Exams. Pending the i.csults c,f the ,:xams. 87, A promised to give B his Volvo car if B passes the CPA event without on Jie any fault part of A. As a result the car is destroyed by a fortuitous a.The obligatiOn of A is extinguished bahe obligation of, A is converted into monetary obligation c.The obligation of A will be equitably reduced 4A:will have to give A another car of equivalent value
88. A ticriod with, a suspensive effect a. I will support you beginning January 1 of next year I will support you until January 1 of next year
c; I will support you if A dies of TB d. will support you if A marries B
89. A period with a resolutory effect a. twill support you beginning January 1 of next year AC:I will support you until A dies
c. I will support you if A. dies d. I will support you if A dies of TB
93. Whenever in an obligation .a period to have been established foi the benefit ' both the creditor and debtor is designated, it isc.presumed Of the debtor only b. Of the creditor only d. Of third persons 94. this is a valid obligation a. A will'give B P100,000 if B Will kill C
• bt, will give B P1;000,000 if B will agree to be the mistress of A . will give B P10,000 if B can make C rise from the dead will give B . P1,000 if B will not poSe nude in a painting session. Where two or more prestations have been agreed upon but only one is due, the obligation is d. Sohdary c. Conjoint Facultative :a. Alternative GU . 96. Using the preceding number, the right of choiGe, belotip b. To the creditor c. To both d..±tdi. creditor a. To the debtor
d. 0
97. A is.obliged te.give B, at A's option either o'oject No• tbietit o. 2, or ()hied lost thru A's fault, which is cors'eot`? valUe of the first thing lost plus damages ntw:. value of the last thing losi plus damages most a:The value of any of the things lost plus damages mars t)e ,3 to ti u. The obligation is extinguished
person , .
LI ithj CC ;S
•98. LjJsing the preceding number, if objects nos. .1 and 2 wei'e destroyed by a fortuitous event and later • object go. 3 .is destroyed by A's fault, A would still be liable. II.'•Usingtlao preceding number, if objects Nos. 1 and 2 were destroyed by A's fault and later object No. 3 is lost'by a fortuitous event, A would still be liable. d. False, false c. False, true b. True, false a. True, true
49. A is obliged to give B either objects No.l or No. 2 or No. 3 at B's option. Before B communicated his choice to A, object No. 1 had been destroyed, thru A's fault and object No. 2 had been destroyed by a • • fortuitour. event. B may
a.Demand object No, 3 only as it is still available b.Demand the price of object No. 1 cnly plus damages because it was destroyed by A's fault c. Demand Oid value of object No. 2 as the right of choice belongs to B Demand either object No. 3 or the price of object No, i plus damages
100. Any ofthedebtors is bound to render compliance of the entire obliga ti on. • a. alternative b. facultative c. joint d. solidary
A
101. In a. joint obligation; joint means any of the following, except a. pro-rata ' c. mancomurada simple b . proportionate d. Individually and collectively 0 102. lu Facultative obligations, if substitutiott has been made, which of the following is false? a. The obligation is extinguished b. The loss of the a.7ginal prestation is frnmaterial • c. The obligation is converted into a ,imple obligation d. The eigigaiion ceases to be facultative
0\403. Using . the precuiing number, and the substitute is lost by a fortuitous event, which is true? . a. b. c. d.
The obligation is extinguished The debtor is liable for damages The originalpreitation must be given The debtor must give another object which is equally satisfactory
104. '..Using the preceding number, but the substitute is lost due to debtor's fault, which is true? a. Thl. obligation is extinguished b.-The debtor is liable for damages c Th' original p.oestation must be given d. The debtor must give another object which is equally satisfactory 105.
Instances where the law imposes solidary liability, except a. obligations'arising from tort b. obligations of bailees in commodaturu c. liability of principals, accomplices and accessotis:s of a • i•lony
d. liability of partners arising out
a contract
106. This will result to 4 solidary - a. vitiated consent on the part of one of the debtors • • • insolvency of one of the debtors c. defartit on the part of one of the debtors 1-delict commited by one of the partners acting in the ordinary course of business Tuts 107. Where only one prestation has been agreed upon, but the obligor may render another in substitution. the oblisation is b. Facultative c. Conjoint Alternative o Solidary ' Where two or more prestations have been agreed upon, and all of them must be performed, Coe obligation is . b. Facultative .c. Conjoint a.Alternative d. Solidary
.4
109.
A and B are solidary debtbrs of C and D, solidary cmditois, to the amount of
demand ,e1C1,000 from A or P1,000 from B b. P1,000 from A and P1,000 from B '
P1.000, C can
o. P500 from A or P500 from B d. P500 from A and P500 from B
110.. A and B solidary debtors of C and D, joint creditors, to the amount of P1.1.'00 — C can demand a. P1,000 from A or P1,000 from B c. P500 from A and P500 from B rt. P250 from A and P250 from B b. P500 from .6. or P500 from B ,
111. A and B are joint debtors of C and D, solidary creditors to the amount of PI,000. C can demand a. P1,000 from A or P1,000 from B c, P500 from A and P500 from B b. P500 from.A or P500 from B d. P250 from A and P250 from B C...
112. , A and B are joint debtors of C and D, joint creditors, to the amount of P1,000. C can demand a. P500 from A or P500 from B , c: P250 from A and P250 from $3 b. P250 from A or P250 from B . d. P500 frotr. A and P500 from B 113. This is synonymous to joint obligation a. Joint and several „ b. in solidum 114. This is synonymous to solidaty obligation b. Mancomunada a. Pro-rata
c. Individually and collectively d. Mancomunada simple c. Proportionate •
d.Juntos o separadament,.:
n
115. A, B and C are joint debtors of I) for P3.,000. If A is Limlvent, how much should B pay D? b. P1.500 c. P2.100 d. P3.000 a. PI,000 .
c.
116. In 2007, A, B and C bound themselves in . solidum to give D P9.000 suhjeci to the Ioik'wing conditions: A will pay in 2007, 13, if 1) passes he 2008 ( PA hoard exath, any' t.: will pay iit -,`.1.01. 2007, how much can D demand from C? d. C. P 3.';00 . b. P6.000 a. P9,000 .
c%
117. . A, B and Care solidary debtors of D for P3,000. D remitted C's share. A tlierdc,re paid later /.)F ,I ∎ P2,000. A can recover reimbursement from B in the amount Of d. PO c. P500 • b. P1,500 &FLOW
,,„,
,,,./r1
4-/
,
1 0,
118. Using the preceding number, if B is insolvent, A can recover from C the amount of d. PO c. P500 • b. P1,500 a. P1,000
.
obligation when 'D in the amount of P1,000. D remitted the entire A, B, and C are solidary debtors of 119. from B in the amount of A offered to pay t A can demand reimbursement d. PO c.,13333 b. P500 a P1,00-0 . . of P3,000 but A was incapacitated to give his B, and C are solidary debtors of D in the amount 120. A, how much will B be liable for? consent as he was a minor. ID sues B, d. PO c. P1000 b. P2,000 0'3,000 , .
.1.-
4-1 11
_
-
-
b. P2,000 ,, i
0. P1000
d. PO
t ixtdebted.to solirlary creditor B, C, and D, for P90,000. Without the knowledge of B and C , D
tted cla obligatithi of A. as a result,
4..The obligatieti erA to pay P90,000 is extinguished obligati-1n .y.not extinguished becaus,... there is no consent from B and C obligatiOn is extinguished only up to P30,000 obligati\on is extinguished up to P60,000
1
123. A', B and C borrowed P6,000 from D and E; payable in 3 months with A giving in pledge her diamond ring as security for the amount borrowed. How much can E collect from C? P1,000 , b. P2,000 e. P3,000 d. P6,000 . 124. A is obliged to give B her college ring; If she fails to do so, she must give P10,000. This is ,a1)Alternative obligation c. Facultative obligation 'b. Conjoint obligation d. Obligation with a penal clause 125. Where the penalty takes the place of indemnity for the damages and for the payment of interest a. What. there is stipulation to the effect that damages or interest may still be recovered, despite the presence of,the penalty clause ' b. When the deebtcir refuses to pay the penalty imposed in the obligation c. When the debtor is guilty of fraud or dolo in the fulfilunent of the obligation .1;1*. When there is breach of the obligations 126. This is an obligation with a resolutory condition a. I'll give you P10,000 if you pass the 2006 CPA board examination ..b. I'll give you my car now, but should you fail in any of your s•,ibjects, your ownership will cease and it will be mine again c, PH give yoti P10,000 on December 31, 2006 d. I'll give yoU Pt 0,000 if A dies o 127. I. lithe condition is potestative on the part of the debtor, the ol,Fgation is void. IL If the condition is potestative on the part of the creditor. the i:, biiitation is vatic:. b. True, false a. True, true e. .711t: . d.
oe
128. A owns' a house rented by H. A sold the house to C. where C agreed to pay the balance of the purchase price as soon as B leaves the premises. It was farther agreed that C will take rare of seeing to it that B vacates the house. Which is correct? a.. The contractis void because it is potestative on the part of C b. The contact is void because the consent of 13 was not obtained e. The contract is valid because the condition is mixed , d. The contract is valid if B . is willing to vacate the, premises
a 129. I. The condition that some event happens at .a determinate time shall extinguish the obligation es •
,
soon as the time expires or it has beeome indubitable that the event will not take place. The condition that some event will not happen at a determinable time shall render the obligation effective from the moment the ti.me indicated has elapsed, or it has become evident the event cannot
.
p Truc.:, true
b. Tate, fal3e
Q.
False, true
d. False, false
130. I. A father Premised ia give his son car if the son will marry F3 this year. if by the end of the year, B 12 already *dead or the son has not married B, the obligation to give a car is effective and demandable.' A father Pro.#sed to give his daughter a car if the daughter will not marry her boyfriend earlier than December 14 1, i2006. If by December 31, 2006; the daughter has not yet married her boyfriend., or if _iguithRd. prior thereto, he: boyfriend has died, the obligation is extir c. False, true True:, false d. False, false :b. a. True. true , • • ,..• CU31. I. ObV.gatidps with a resolutory period take effect at onztt. out terminate upon arrival of the day
. . certain. r esolutory condition take effect at once, bul terminate upon happening of the I with a IL Obligations. condition. .'.'
13L-62-01 1C
True, true
b. True, false
c. False, true
d. Fare, faIsl
A bOripwed money from B and pledged her ring as security. It was agreed that A waa to the money loaned with interest at the and of one year. Before the expiration of the one - year pe:riori U. A may compel B to accept her payment .A may be allowed to pay B, if B consents - a A may compel B to accept her payment because the period is deemed for the benefit of A ).,.. B . may.refitse A's payment as the period is deemed for the benefit of B The debtor shill lose every right to make use, Of the period, except a. When after the obligation has been contracted, he becomes insolvent, unless he gives 4 guaranty or security for the debt When he does not furnish to the creditor the guaranties or securities which he has promised When through fortuitous ,events or by his own acts the guaranties or securities have been irtapsii unless he immediately gives new ones equally satisfactory d. When the debtor violates any undertaking in consideration of which the creditor agreed to the period .
134. I. "Ws komise to pay" when there are two or more signatures = joint I]. "I promise to pay" when there areiwo or more sib riature -. soltdary liability b. True, false c. Fa!s.., true d. Ike. false a. True, true -
135. A obliged himself to pay B P10(1,000 in 30 uays plu •. a penalty of P1 0.0C):. if 7 ,, fails obligation in due time. :A failed to pay the obligation in 31./ Jays, 13 can demand A .atrThe principal of P 100,000 plus P10,000 penalty b, The principal of P100,000 plus P 10,000 penalty plus legal interest . c. The principal Of P100,000 plui P10,000 penalty, plus legal interest, plus damitges d. The principal of P100,000 plus legal interest, plus damages
a.
l 36. The creditor is entitled to recover damages and interest in addition to the penalt:: stipulated A) When the debtor refuses to pay the penalrfi B) When the debtor is guilty of fraud in the fulfillment of the obligation b. True, false c, 74'a'isc, true p(True, true •
d. False, false
137. Action where a person in possession of certain. property may bring an action against the waffled] , .• Clitirflanti to compel them to interplead and litigate their several claims among themselves c. Injunction t:-Interpleader d. Attachme ►t a. Garnishment
138.. Ajudicial process by virtue of which a person is generally ordered to refrain from doing something ,c. Injunction d. Attanhmeat b. Interpleader a. Garnishment 139. Where a property is alienated to the creditor in satisfaction of a debt in monz.y b. Payment by cession c.Appiication of payment d. Consignation XDatiort in payment • . 1.
•
140. Where a debtor transfer(all)ais priveities not subject to execution in favor of his creditors so t !; the latter may'sell 016= and th apply the proceeds•to their credits. c.AppLication of payment d. Consignation ,,ly: Cession ' a. Dation in payment
141. The act of offering the creditor what is due him together with a demand that the creditor accept same ,4tzikpplication of payment b. Tender of payment c. Dad° in solutum
d. Cessirm
142. s . The act of depositing the thing due with the court. or judicial authorities whe-never the creditor , • cannot acceptor refuses to accept payment c.Application of payment d. natio in solutum a. Tender of payment ;13! Consignation • creditor and debtor with respect to the same obligation J.43't The meeting in one person of the qualities of d. Condonation c. Novation b. Compensation 'Contkasion ix ns in their own right are creditors and debtors of each other 144. When two persons , ‘,.. ,V.1 Conanengatint, a. Confusion.
This is not necessary in order ) cOmpensation ovv. 1):ospei• er tnat a.That the two debts are both due b.That the two debts• be liquidated and demandable seThat there be a retention or odntroversy commenced by third pers,Sns and communicated in due time `So the debtor d. Both dibtsconsists in a sum of money, or if the things due are consumable, they be of the sal:re }find, and:also of the same quality if the latter juis b::en stated. COmpensation cannot take place, except
•
a. When one debt arises from the obligations ora depositary .- .When onedebt arises from the obligations of a bailee in commodatum When on&debt arises because of a claim for support due to giantitous ate ,;dr When one. debt arises from a bank deposit
..
.••
.
The substitution or change of an obligation by another, which extinguishes or modifies the first b. Compel isation .; a , Confusion ! cr Novation d. Consignation Novation which changes the object or the principal condition of the obligation . /ekes' • • b. Personal c. Mixed d. Partial 31!)-
149. .N,ovaticin k)vhich changes the parties to the obligation a. Real ".
>(Personal
•
c. Mixed
d. Partial
150. • ,Expronlission, delegacion or subrogating a third person in the right of the creditor ,b: .'Per3Onal c. Mixed Real d. Partial
E.
151. NovatiOn which changes the object t.nd parties of the obligtaion b. Personal a. Real 152. SubstitutiOn of debtor wh p the initiative; comes from a third person Expromission, a. Delegacion ubrogation
d. Partial . ...„....-
d. NoCLation -----
g.<'‘ .-1,- ,i..
..'
153. Substitution of debtor where the initiative comes from the debtor
elelacion,
b. Expromissian
c. Subrogation
4 ) 44
, :ci.„ Pt 1 ' cf4C , c), .. rj, L4. x
41'"'. \ d. No_ Novation
..._ ::/5-1,1,154. The transfer to a third person of all the rights appe mg to the creditor . Expmmission . „..e. Subrogation . ,,,,,.iii d N.,_t ov ati,,pon7: -----,-;----', a. Delegacion . . .._ --s 4 . -, t.. . , -t,S..... . 7r.„. 155. Legal subrogation is presumed in the following. Which is not correct? n -
a. When athird person, not interested in the obligation, pays with,the.apProval of the creditor b.- When a creditor pays another creditor who is preferred, even without the debtor's knowledge c. When a thlid person, not interested in the obligation, pays with the express or tacit approval of
the debtor' d. When, even without the knowledge of the debtor, a person interested in the fulfillment of the obligation pays, without prejudice to the effects of confusion as to the latter's share.
•
156. 1. Proof' of actual damages suffered by the creditor is not necessary in order that the penalty previously ag,-reed upon may be demanded. II. Proof of actual damages suffered by the creditor is not necet:slry in an obligation with a penal clause. b. True, false tret: , True, true d. False, fake dcbtor .v, hat he has pale, except that it he paid . 157. L Whoe*pays for another may demand from without thelno•ledge or against the will of the debtor he, eiLhot recover anything... II The debtor kif a thing cannot compel the creditor to ret:eive zt .1i fferent one, although the latter may be of the same value as, or more valuable than that which is'dutt... c. b. True, false d. False, false a. True, trite
158. A owes B two debts, both of which are already due. The first debt is secured by a mortgage. the . second is not. A tells B that the payment he is now makirg should be applied to the second debt ;nstead
of the first; which is correct? a. B may refuse such application on the ground that the first debt is more burdensome to the
• 'debtor B ma: refuse such application because the payment s - be applied propout • •.t!a;.t.1•. B cannot refuse the application boca , tse. the i•,1:e.forert•:• (tithe debtor must d. B can not refuse the applietniUll if "(-!: et. " thtlti the second
159.. 1. A has a P10,000 savings deposit with l'e.YZ Dan:: One :Iny A borrows. . 1.2.000 t'rotn tht;• On maturity of the loan, without socking perrais'sion from A, the hank sul .. ractecl the P2,000 .',r( • A's account Is the bank's action [Roper? II. A asked B to keep P10,000 for him. Later, A bnrro \- ied P4,000 from B. \V nen A inked for the return of his money, B gives him only P6,000 alleging partial compensation. Is B correct? b. No, Yes • a. Yes, Yes c. Yes, No d. No, No -
;.t160. A owes B P10,000 with C as a guarantor. A paid P4,000 leaving P6,000 unpaid balance. withot the knowledge of A, paid B the sum of P10,000. As a result of this payment a. The obligation is not extinguished as the payment is without the consent of A. b. The obligation is extinguished but D cannot recover from A instead he should go after the guarantor. j(The obligation is extinguished but D can recover only P6,000 from A and if A cannot pay, D should demand payment from C. d. The obligation is extinguished, but D cannot recover P 10,000 but only P6,000 from A and if A •cannot pay, he cannot go after C. 161. .A owes B P10,000 C in behalf of A, pays B P10,000 against the consent of Aj although C ha, previously told A that he (C) did not intend to be reimbursed. Nevc=itheless, 3 accepted the payment b: C in behalf of A. • li:.statercent A's obligation towards B is extinguished. C may still recover from A because A (lid not consent to what the law deems a 2 s' donation on the part of C in favor of A a‘ True, truo
bC True, false
c. False, true
d.'False, false
162. A ewes B two debts, both of which are already due. at first debt is secured by a mortgage while the second is not. A tells B that the payment he is now making should be applied to the szec tad debt, instead of the first. 1 s'___gatemerA B may refuse to accept such applicator: en the ground that the first dept it more burdensome to the debt(); 2,G4 statcrnem B cannot' refuse such application because the preference of the debtor must be
followed.
•a. True, true
False, true.
b. True, false
d. False. false
in 163. I. A owes B P10,000, guaranteed by C. B assigns his credit to X. X assigns the credit to Y. Y assigns the credit to A. As obligation is extinguished and C is released from his obligation as guarantor. II. A owes B p10,000 guaranteed by C. B assigns his credit to X. X assigns his credit to Y. Y assigns his credit to C, the guarantor. A's obligation is extinguished and C is released from his obligation
as guarantor. a. True, true
. „1). True, false
c. False. true
d. False, false
1.• n •
Alias two creditors, B and C. B is a . mortgage creditor for P20,000, and C is an ordinary creditor 1:.ir P10,000. C paid A's debt of P20,000 to B. Ls:2:statement If C's payment is with A's knowledge, ('yfill be subrogated in the rights of B. ataternetA If C's payment is without A's knowledge, C will not be subrogated in the' riu.hts of B.
164.
a. True, ,rue
b, True, false
c, Falst, ruc
d
A and B arc jointly liable to deliver a pa tti.culor car aH.A.1 at P200,000 to C is correct? a.The prestation is indivisible making the liability of A and 1. solidary b. If on July 1, 2007, A is willing to deliver the car but 1.', is not, C may enfc,r-.:4 against A
165.
1, 2007. i1 ISi.lr
obligation
• , ."Wik is liable foea proportionate pact of the obligation and wilt he also for damages if li is not ...ready to comply with his obligation, even if A is willing to deliver the ear '01.The liability of A and B is joint and that demaes may he assessed only against the debtor who violated thC Obligation 166. A executes in favor of B a promissory note for P1,000,000 payable after two years, secured by a mortgage on a building valued at P2,000,000. One year after the execution of the note, the mortgaged building was totally burned. Can B demand from A the payment of the value of the note?
a. Yes, if A is Akilling to pay 13 b. No, if A refuses to pay B c.',Yes, even if, A gives another security which is equally satisfactory ...(11-Yes, unless A'gives another security which is equally satisfactory 167. On June 30,:2007, X, Y, and Z executed a promissory note promising to pay B the sum of P9,000 monthly jointly :and severally with Interest at 6% per annum within six months. In an action by B against X fob win payment of the note, X interposed the defense that:: (1) Y was a minor when the note was executed; and (2)13 had granted an extension of year to Z.. In this case it X can be're4iiired to pay P9,000 because the oblightior is soli.lary 1)Y. X can be irectiitircd to paY P6,600 because minority is P. partial defense X can be iOqUired to pay P3,000 because minority and the extension granted ire personal defenses 1! 1, :f d. X cannot beregUired to pay anything due to minority and extension granted which are personal defenses 168. A obliged 11 nself to pay B P10,000 . as soon as possible. Three months later, B demanded payment flitter refuses to pay. B can from A but a. File an action in court compelling A to pay the obligation v b. Consider the obligation void because the phrase as soon as possible is indeterminable .fiK Go to wtirt SO that the court will fix the date of payment d. Ask for damages because three months is considered too long for "as soon as possible"
169. A owes B P10,000 payable on June 30, 2007, and as a security A pledged his ring'to B. Necessarily, the ring wash delivered to B. On due date, the ring is found in the possession of A when it should be in the pesiession of B. As E. result, one of the following is not correct. A's obligation to B is extinguished pi;rroA's obligation to 13 Is not extinguished c. The contract of pledge is oxtinguished d. The contract of piedge is extinguished but not the principal. obligation
,--f
170. , T. An example of an obligation with a mioclis when A promises to pay B P10,000 one month from the death of C . IL A person is obliged to deliver a determinate thing including its accessories and accessions provided they have been mentioned in the agreement. ' c. False, true d. False, false ,1:True fake a. Tilii,"true
171. I. When the fulfillment of the suvensive oc rt:solutory condition depends upon the sole will of the 4.iebtor, the conditional obligation shall he void. to hart been made II. If thl debt produces interest, payment of the interest shah I14.`i. • until the principal have been covered or paid. d. False, false z. False, true True. false ,b-.[...True, true • 172.
I. Condonation or remission is. generally gratuitous i• II. Proof of actual dAraages suffered by the creditor is not necessary in order that the penalty in • an obligattO with a penal clause may be demanded. d. False, false c. False, true - b. True, false True, true , '
• ry
,- •
v.
Al %A..,
1.U3C;
C. raise, LOA%
AL/Awl ,
not revive the original debtor's 173. 1. In delagaCipn. the insolvency of the new debtor will revive the original debtor's II. In expromissiOn, the insolvency of the new debtor may at times obligation c. False, trued. False, false b. True, false a. True, true
A
174. I. A solidary creditor cannot assign his rights without the consent of the other credii.crs. Payment of the debtor's obligation may re made by a third person even without the knowledge . consent of the debtor. rue, true b. True, false c. False, true d. False, false
175. L Solidarity may exist although the debtors and the creditors may not be bound in the same manter and the same periods and conditions .• IL A. solidary debtor is always entitled to reimbursement from his co--debtors if he pays for t obligations. True, true a . b'.--True, false c. False, true d. False, 5.1se .1. Payment made in good faith to any person in possession of the credit shah extinguish tl'e . debtors obligation. 1" 11. When the debtor is guilty of fraud in the fulfillment of an obligation, a creditor can demand paymentof damages and interest in addition to the penalty. • T rue, true b. True, false c. Fals'i;., true d. t also, false
A obliges himself to give B a specific car on San. 7, 2007. On Jan 2, 2007, C burned the car =vh
kpromised to deliver.to•B, which is correct.? a. A's obligation to B is converted to monetary obligation should file an action against C for the value of the car plus damages c.1B can file an action against A for the value of the car plus damages & B can file an action against C for the value of the car plus damages
. A owes B P10,000 due on Jan. 7 and guaranteed by C. B owes A P8,000 due on Jan. 7. On the . date, A is insolvent. How much is C's liability? a. P10,000. b. P8,000 P2 : `‘)00 d. 7er9
o. 1'8,000
e P2.900
d. Ze ro
179.
A deposited with B 100 cavans of palay valued at P10,000. A however. is indebted tt, !I P10,000 which is already due. When A is withdrawing the palay. 13 refuses to deliver, c.autur. compensation. Is B correct? a. Yes, both obligations are due b. Yes, co:.1siderirtg that the value of the pa lay is equal. to t ie amount of A's obligation c. No, because there was no stipulation allowins ecznpeus:ition 4. No, because D's obligation arose from a contract of den )sit
• 180.
In tender of payment and consignation, if after consignation is ma4le, the creditor allowy . debtor to withdraw.the thing deposited in court, which of the following statements is not correct? a. Guarantors are released from the obligation unless they consented b. &reties are released from the obligation unless they consented c. The obligation is not extinguished d. The obligation is extinguished
•s?
181.
A owes .B P100,000 payable on or before San 20, 2007 while B owes A P100,000 payable on or
before Jan 30, 2007 B can set up compensation on Jan 20, 2007 and this is called a. Legal
b. Partial
c. Judicial or "set off'
d. Facultative
182. • Which of the following is an obligation with a period for the benefit of the debtor? a. An Obligation payable little by little b. An obligation payable when the debtor's means permit hirn'to do so c. An obligation payable within 10 months on demand d. An obligation payable on or before Dec. 31 , 2007 183. . Proof of pecuniary loss is necessary for the award of b. Actual damages a. Moral damages c. Exemplary damages d. Temperate damages c,
184.
185.
. The indemnity which the law gives to the injured parr: for the breach of a contract is b. Damage c. lnjuly a. Damages d. Loss The loss suffered by one person on his property its b. Damage c. Iniur• a. Damages
8VS4t.. .146.t Irec iinsite of cession h payment ,
c. More than one debt debto.eitikl one creditor partial insolvency cf. Abandonnient of all debtor's property not exempt from execution .Complete or . .
•"
If the obligatiOn•s payable in foreign currency; which is correct?
• a.: Thepbligation is void .TheObligatiqn is valid.. but the stipulation is void Creditor can, compel the debtor to pay in foreign currency as per agreement The stipuatfon enc.; the obligation are void
Who it liable fot the loss of the subject matter by fortuitous evert? c. Both of theta b. Debtor a. Cralitoc 189.
d. None of them
I'll give you my car one year.lfter X dies. The obligation is c. Void. the time when death will occur is not curtail. a. Valid, because death is sure to come. Void, killing a person is contrary to law. b. Valid, but thc condition will be diiregirded d.
the dento. Whoever pays for another without the knowledge or against the will of 6/. . 190. : tt May demand. front the debtor what he has paid b. May not recover aaything front the debtor beneilcial to the debtor c. May recover *only insofar as the payment has been tilt it
v 11V111
1 C
we aeotor what he has paid plus damages
191. A owes B. P10,000. Later A paid B P7,000 leaving a balance of P3,000. C, a suitor of A and intending to surprise A, paid B the sum of P10,000 thinking that A still owed B that amount. C did this without knowledge of A. Which is correct? a. C can lecovet P10.000 from A c. C can recover P10,00 from B .b. C cannot recover anything from A d. C can recover P3,000 from A
The act of putting somebody onto the shoes of the creditor enabling him to exercise all the rights and actions thateould have been exercised by the latter.
192..
a. Agency
b. Partnership
c. Subrogation
d. Novation
.193. A borrowed P10,000 from B. The loan was secured by a mortgage of A's land in favor of B. Without the knowledge of A, C paid the sum of P10,000 for .A's debt. A benefited to the amount of P10,000. Which is not correct?, a. C can recover the whole amount of P10,000 from A b. If A cannot pay, C cannot foreclose the mortgage inasmuch as C paid without the knowledge of A c. C may eitheecletharid recovery of P10,000 from A or to foreclose the mortgage d. If C diet not ptiy, the original creditor B has the right to foreelose in case of non-p:iyment by A
A has Iiipi9sSession some merchandise to be delivered to the person who presents the proper receipt. 13 and each armed with a receipt, ask A to turn" over the property to oi..e of them. An examination Of tht receipts reveals that they are exactly of the same kind. A does. not know to whom he should deliver the property. So he files an action in court by means of which 13 and C will be able to settle their conflicting rights. This is b. An injunction c. A garnishment • d. A consignation a. An interpleader ;
C 194.
When•is there no loss of the thing due? a. When the object perishes . b. When it goes: out of commerce c. When it is. in;PosSession of another person d. When it•disappead in such a way that its existence is unknown or it cannot be recovered
j 195.
0`.` n
196.
The expenisis of consignation when properly made, shall be chaiged against the c. Third person d. Debtor and creditor b. Creditor a. Debtor
r) 197.. The designation (if
debt to which should be applied a payment made by a debtor who owes several debts in 'favor of the same creditor Tender of payment a. Dation in pay.m.ent d. Payment by cession b.Application o: payment
rj•
is the. owner of shares of stock of ABC Bank amounting to P100,000. Later, A borrowed n . "1"...';:from the bank amounting to P90,000 with interest thereon at 6% per annum. "Fhe debt was to be p, installment.` One of the conditions ofjhe debt contract is that in case of the debtor's defaul, g,ii..payment. of any of the installments as they become due, the entire amount or the unpaid baianct u ::.become • due and payable on demand. ,- The defendant A defaulted in the payment of 54 '?1,iitaninents and plaintiff bank brought this action to recover the unpaid balpttices A pl ''Ornpensation. Which is_ correct? • allowed to avail of eompeusation b.' There can be no compensation because A..and Ark, are not debtors and creditors of each other
c. Compensation is allowed only up to P90,000 plus interest d. Compensation is allowed only up to P90,000 without interest
aliowen only tan to 190,000 without i nterest Them: is compensation 11; Ain his capacity as guardiac\ of B is a creditor of C. C in turn is a creditor I\ who owes him a personal debt . A; debtor of two partners is a creditor of tb•partncrsltip e. A owes B P10,000 payable May 31, 2007. B owes A P10,000 payable on June 30, 2007. If today is May 31, 2007 d. A owes B a fountain pen and B owes A also a fountain pen. Both debts are clue
200: . A owes B P1,000. B in turn owes A P200. Both debts are already due. Later B assigns the P1,0(. credit to C, without the knowledge of A. The assignment was made on June 3. On June 10, a P2f debt of B in favor of A matured. A learned of the assignment on July 1. On'July 10, a P150 debt of in favor of A matured. Later C asks A to pay his debt. How much can C successfully collect from A? a. P1,000 b.• P800 c. P550 d. P400
A owes,B P10,000. When the debt matured B told A that she need not pay the debt since B 201. ' condoning it. A in turn expressed her gratitude. The debt has been extinguished by t Novation b. Compormation c. ?remission d. Confusion Using the preceding number, if A rejected the offer of B, and B did nq collect within the statute c 202. limitation (period to Follett) the debt may be said to have been extinguished by a. Remission b. Compensation c. Prescription d. Annulment 6%. .
A makes a check payable to bearer and gives the check to C, who gives it to D who finally give 203. it to A. The obligation of A is extinguished by b. Compensation c. Novation to Merger d. Prescription A owes B P10,000. C, a friend of A approaLlaes B ane. tells hire " I will pa: , you what A owes you 204.. From now on consider me your debtor, not A. !kis to'be .Acused. If B agrees, there is b. Subrogation c. Delegation d. Expromission a. Novation
205,
The debto: shall lose every right to make use of the period, except a. When after the obligation has been contracted, he becomes insolvent, unless lie gives ,1 guaranty Or security for the debt b. When he does not furnish to the creditor the guaranties or securities which he has promised c. When through a fortuitous event or by his own acts the guarnnties or securities have peen impaired after their establishment, unless he immediately gives new ones equally c,atisfEv:tery d. When the debtor violates any underttheing , in. consideration of which the e:efittor agreed to the period
The substitution or change of an obligation by another, which extinguishes or modifies' tiv; first 206., either changing its object or principal condition or substituting another in the place of the debtor, ttbrogating a third person in the rights of the creditor d. Novation c. Prescription b. Merger a. Compensation
A method of novatlon caused by the replacement of the old debtor by a new debtor, where the oft: 207'. debtor has proposed to the creditor and which replacement has been agreed to by said creditor and b% said new debtor is d. Quantum meruit c. Exproinission • b. Delegaeiou a.Novation
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' k;404'1.
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i (5:060"A *posed to 13 th * IhNifes: t .a.1-C will i' rai1„!ie , .,..-0' ,6a00
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pay ,4T'''fir'elt. Asti and Met A will released fromCall C'ai.ireed toat'the proposal. Later ; whenC Bwa triesdebt to collect from C, hehefinds out that is 7'40tirikjiriaved that the time of delegacion '11/ ''''iHA v'evilc " filcami l- i-i: ad insolvent but eas the inAOlveri,ofpublic knowledge. Is A stills alre liable? liabley a;',..Y4iS;:heeatie there cy to this was not known s delegac i ..;;- , ,„,-.4;:.. A. , , ,e, there is delegaeion Ca, 'As,: 'AU tile initiative came froth A. o tte,.„. i-e, - ' .. e, "i:...'el legated his debt lvency was ncithefOf public knowledge nor known to .A at the tune he . . and into a contract where* A was to e.coetract• b2,;. B'eptered it,tipeijelng that - instead c give ofis correct? rt B P200,000. Later they novated the .destrOyed by al foituitous event. Which, A would give a particular car. Subsequently the car \vas 'a ...NovatiOni;is not b. A is liabl&t O pttyallowed. because the things due v.re uot of the sale kind P200,000, the arnouilthut of not the old obligations c. The prig el obltation Is extingbished the obligatio: d. Tbe original ohligation and the obligation to deliVer the car to deliver the car are both extinguished . A,..$ 'and C ei(ecuted :nun of P 90,00 0. .. &ed. A, a Nomissory note worded is follows: "We promise to
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_ B, and C. which is correct? , pay to X, Y and Z the ' a. A la obliged to pay to Y awl Z P90,000 . c. A is obliged to pay to Y P30,000 ...=,, b. A i3 obliged. to pay to XX,P60,000
d. A is obliged to pay to : ., 211. Z P10,000 obliged himself to give B a specific car on June • thing, A is lost due 12, 2007 stipulating to forteitous event and without the that A is liable even if the to fortu.{tous event. Wilich is correct ? • need. of a demand. On due date, the car got lost due a. -BObligatioteis extinguished due. to fortuittets event b.': can compel A to deliver another ca; 'c: 23 d: Call rpq.itii-e another person to deliver a Cr $a 1 .. with expenses chargeable to A is not extinguished but converteda into . monetary consideration -\ , A, B an cl C • obliged themselves em delivery but the debtors solidarit .•, idanded to give D a specific mr valued at P240 failed to deliver. ,000. On dee date, thP car, it waslost dup to a fortuitous event. TE:: right ofThe next day, while A a.iTo was still in possession of D is Proceed against any °Me debtors for the value of the carhis plus damages !,,To proceed.agamst A only because the car was lost While in possession i .To one, becatiselhe obligation is extingulshed due to a fortuitun proceed.. agithist B and C s event 4 o a fortuitbus event . because they were not in posses iion of the car when it was lost due
,l'he trazesfer to :a third
- pfodped againsi gtillramors, or person ,if all the rights upi:eri4iit: i;; to the credit or liftin possession of rrmr4„laIN: M. 1 i :hding that, may be agreed' upon 1.1.'1. ID any it k)i. the right to legztf idrovk a..Novatton , :.; ilq)difi . ' tt b. Delegacion •. c. P.,:spromis:,;on d. Sill)/ ogalloit owes ti:qb,(ioo. With, the conent of A and 13 C pays ef 'Ma the amotint of P5,000 each, Suppose, fi 05,000. fa. '' B shod bilprefeired A has only P.5,000. Which Now B anti C are the creditors ,
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is correct'? c, B and C shotdd be paid pro-rata d. A may choose 'whom to pay
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