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.

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