Question:

Which among the following fails to state a correct legal principle?

A.

The debtor in obligations to do shall be released when the prestation becomes legally or physically impossible without the fault of the obligor.

B.

Whenever the thing is lost in the possession of the debtor, it shall be presumed that the loss was due to his fault, unless there is proof to the contrary.

C.

An obligation which consists in the delivery of a determinate thing shall be extinguished in any event it should be lost or destroyed without the fault of the debtor.

D.

Condonation or remission is essentially gratuitous, and requires the acceptance by the obligor. It may be made expressly or impliedly.

Answer» c. An obligation which consists in the delivery of a determinate thing shall be extinguished in any event it should be lost or destroyed without the fault of the debtor.

Question:

The quasi-contract of negotiorum gestio requires the following. Which is the exception?

A.

There must be an abandoned or neglected property or business.

B.

Someone voluntary takes charge of that abandoned business or property.

C.

The owner must consent to the management of his business or property by someone.

D.

The owner has the obligation to reimburse the expenses of the person who takes charge of his business or property.

Answer» c. The owner must consent to the management of his business or property by someone.

Question:

No. 1 – If a person obliged to do something fails to do it, the only remedy of the obligee is to demand for the payment of damages. No. 2 – If a person obliged to do something fails to do it, he may be compelled by court action to fulfill his obligation.

A.

Both are true.

B.

Only No. 1 is true.

C.

Both are false.

D.

Only No. 2 is true.

Answer» c. Both are false.