Question:

Pedro receives a package via Federal Express. When he opened the package he realized that the same was delivered to him by mistake and that the real owner thereof is Pablo, his neighbor. The obligation of Pedro to give the package to Pablo arises from

A.

law

B.

contracts

C.

moral obligations

D.

solutio indebiti

Answer» d. solutio indebiti

Question:

Mr. Debtor owes Mr. Creditor P100, 000. On the due date, Mr. Debtor delivers a cashier’s check for the full amount. Mr. Creditor refuses to accept the check.

A.

Debtor may make a consignation by depositing the amount due with any bank and in the name of Mr. Creditor.

B.

Mr. Debtor may make a consignation by depositing the amount due at the disposal of judicial authorities before whom the tender of payment shall be proved in a proper case.

C.

Mr. Debtor has no legal basis for making a consignation.

D.

The creditor may be considered in mora accipiendi.

Answer» c. Mr. Debtor has no legal basis for making a consignation.

Question:

Gody obtained a loan from Eusebio in the amount of PhP10,000.00 payable on June 30, 2005 plus 10% interest. On January 2, 2005, Gody won PhP100, 000.00 in a bingo game and he offered to pay PhP10,000.00 to Eusebio. Eusebio refused to accept the payment offered by Gody. Which of the following statements is correct?

A.

Eusebio can be compelled to accept the payment offered by Gody because the amount being offered is complete.

B.

Eusebio can be compelled to accept the payment being offered if the interest will be reduced.

C.

Gody cannot compel Eusebio to accept the amount offered by him because the period for payment has not yet arriv

Answer» c. Gody cannot compel Eusebio to accept the amount offered by him because the period for payment has not yet arriv

Question:

It is the substitution or change of an obligation by another, which extinguishes or modifies the first either changing its object or principal condition, or substituting another in place of the debtor, or subrogating a third in the right of the creditor.

A.

accion subrogatoria

B.

novation

C.

accion pauliano

D.

none of the above

Answer» b. novation

Question:

Which among the following is not an essential element of an obligation?

A.

Active and passive subjects.

B.

Form of the obligation

C.

Prestation

D.

Juridical tie

Answer» b. Form of the obligation

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.

Question:

For compensation to be proper, the following must be complied with. Which is the exception?

A.

Both debts consist in a sum of money or of the same kind.

B.

Both debts are due.

C.

Both debts be liquidated and demandable.

D.

Both parties are insolvent.

Answer» d. Both parties are insolvent.

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:

A debt has a maturity date of November 1, 2004. Payment was made on November 1, 2005 but demand was made on June 1, 2005. If the debtor is made liable for interest, the interest shall commence to run on

A.

November 1, 2004.

B.

June 1, 2005.

C.

The date the obligation was incurr

Answer» b. June 1, 2005.