Question:

Mr. Robles sold his only car to Mr. Roxas for P600,000. There was no agreed date for delivery and payment. The obligation of Mr. Robles as seller is:

A.

to deliver when Mr. Roxas is ready to pay.

B.

to deliver the car immediately because there is already a perfected contract.

C.

to have the contract rescinded because no date is fixed for performance.

D.

to deliver the car immediately because his obligation is pure.

Answer» a. to deliver when Mr. Roxas is ready to pay.

Question:

Pedro borrowed money from Jose, payable on November 26, 2005. On the due date of the obligation, Pedro failed to pay. On December 30, 2005, Pedro paid the debt.

A.

Pedro is in default.

B.

Pedro is not in default.

C.

Pedro is liable for interest.

D.

Pedro is liable for damages.

Answer» b. Pedro is not in default.

Question:

They are lawful, unilateral and voluntary acts that are based on the principle that no one shall be enriched or benefited at the expense of another.

A.

Quasi-delicts

B.

Quasi-contracts

C.

Culpa contractual

D.

None of the above

Answer» d. None of the above

Question:

Mr. Debtor owes fifteen (15) persons substantial amounts of money. His financial situation indicates that his liabilities for exceed his assets. If Mr. Debtor cedes or assigns his properties to his creditors,

A.

The creditors acquire ownership of the properties assigned or ceded.

B.

The creditors shall sell the properties assigned and when sold, the debt of Mr. Debtor is deemed paid regardless of whether or not the net proceeds are equal to or less than the amount of the indebtedness.

C.

The creditors shall sell the properties assigned and when sold, the debt of Mr. Debtor shall only be released to the extent of the net proceeds of the sale.

D.

The cession or assignment shall extinguish the obligation whether or not the creditors sell the properties assigned.

Answer» c. The creditors shall sell the properties assigned and when sold, the debt of Mr. Debtor shall only be released to the extent of the net proceeds of the sale.

Question:

When a party causes damage to another due to his negligent act and such damage is caused in the course of the performance of a contractual obligation, the latter is liable to the former on the basis of

A.

culpa criminal

B.

culpa extra contractual

C.

culpa contractual

D.

culpa aquiliana

Answer» c. culpa contractual

Question:

Pedro promised to give Jose an orchard planted with mango trees on November 30, 2005. Before November 30, 2005, what right does Jose have over the orchard?

A.

Jose has no right.

B.

Jose has a personal right.

C.

Jose has a real right.

D.

Jose has both a personal and a real right.

Answer» a. Jose has no right.

Question:

No. 1 – the same act of negligence of the defendant that causes injury to another may give rise to a liability based on culpa aquiliana and culpa criminal and the injured party may recover twice from the same act or omission of the defendant. No. 2 – When the defendant causes damage to the plaintiff through the formers fault or negligence, there being no contractual relationship between them, the basis of the defendant’s liability is a quasi-contract.

A.

Both statements are false.

B.

Both statements are true.

C.

Only No. 1 is true.

D.

Only No. 2 is true.

Answer» d. Only No. 2 is true.

Question:

Mr. Debtor executed a promissory note in favor of Mr. Creditor in the amount of P100, 000. The debt is secured by a pledge on a ring owned by Mr. Debtor. Which among the following is most likely correct?

A.

If on the due date, Mr. Creditor delivers the note to Mr. Debtor without collecting the debt, there is an implied condonation if the note is a private instrument.

B.

If the debt is condoned by Mr. Creditor, the pledge is not condoned.

C.

If Mr. Creditor returns the thing pledged to Mr. Debtor, the pledge and the loan are deemed extinguish

Answer» a. If on the due date, Mr. Creditor delivers the note to Mr. Debtor without collecting the debt, there is an implied condonation if the note is a private instrument.

Question:

Mr. Oliveros, by virtue of a written agreement agreed to deliver to Mr. Santos a car on a specified date provided the latter pays the former P1 million.

A.

The prestation is the car; Mr. Santos is the active subject; Mr. Oliveros is the passive subject and the juridical tie is the contract.

B.

The active subject is Mr. Oliveros; the passive subject is Mr. Santos; the juridical tie is the law and the prestation is the giving of the car.

C.

The active subject is Mr. Santos; the passive subject is Mr. Oliveros; the prestation is the delivery of the car and the juridical tie is law.

D.

The passive subject is Mr. Oliveros; the active subject is Mr. Santos; the prestation is the delivery of the car and the juridical tie is the contract.

Answer» b. The active subject is Mr. Oliveros; the passive subject is Mr. Santos; the juridical tie is the law and the prestation is the giving of the car.

Question:

Pedro offered to sell to Marita a purported diamond ring which actually was a stone of inferior quality. Believing it to be a genuine diamond ring, Marita bought and paid for the ring. If later on, Marita discovers the misrepresentation, Marita may:

A.

sue for damages alone because of dolo causante.

B.

sue for rescission.

C.

for annulment because of dolo incidente.

D.

for annulment because of dolo causante.

Answer» b. sue for rescission.