OBLIGATION

30問 • 1年前

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This obligation is never presumed - to exist it must be provided for in the Civil Code or in some other special law.

a. Obligation ex lege

2. This damage is awarded when some pecuniary loss has been suffered but its amount cannot, from the nature of the case be proved with certainty:

b. Temperate damages

3. Action to impugn or rescind acts or contracts done by the debtor to defraud the creditors

C. Accion pauliana

4. On July 1, 2015 A signs a promissory note and binds himself to pay X P100,000 plus 15% per annum interest on June 30, 2017:

d. Because the period is for the benefit of the debtor and creditor, X can refuse any tendered payment before June 30, 2017.

5. An obligation where only one prestation has been agreed upon is called:

a. Simple obligation

6. In an alternative obligation, the debtor losses the right of choice when: a. When among the prestations whereby he is alternatively bound, only one is practicable. b. When some of the prestations in alternative obligation is/are impossible, unlawful or which could not have been the object of the obligation. c. When the debtor already communicated his choice to the creditor

d. A, B and C

7. Which of the following denotes joint liability

d. Mancomunadamente

8. S sometime in 2017 sold to B a house and lot where the former committed fraud. The deed of sale which was in a public document was registered with the Register of Deeds in 2018. In 2019, the fraud was discovered by the heirs of B. Under the Law, the action to annul a contract based on fraud must be filed within four (4) years from:

c. Year 2019 the date the fraud was discovered.

9. A owes B P100,000. With consent of both, C pays B P50,000. Now B and C are the creditors of A to the amount of P50,000 each. Suppose A has only P50,000. Which is correct?

a. B and C should divide the P50,000 equally

10. Which of the following is not covered by the statute of fraud? I Oral contracts for a piece of work to be performed after fifteen (15) months from the date of perfection of the contract. II Oral sale of personal computer worth P50,000 III Oral sale of real property worth P20,000 IV Sale of Real property in private writing worth P100,000.

c. I and IV

11. Crisostomo donated a parcel of land to Anthony worth P50,000 in a public instrument on December 24, 2018. Anthony accepted the same on the same day in a separate private instrument. When Anthony now seeks to register the land in the Registry of Property, the latter refused the registration because the acceptance of the donated property was not in a public instrument. In this case:

c. Anthony cannot compel the Registry of Property to register the land under his name because the donation is void.

12. Which of the following is not a contract of adhesion?

d. Contract of partner

13. Statement I - There may be a sale of a generic thing Statement II – The consideration in the contract of sale need not be in money.

d. Both statements are false.

14. Which obligation is not valid?

b. “I promise to give you P100,000 if my mood dictates”.

15. Which of the following obligations is not subject to a period?

c. Payable whenever “I like it”

16. A and B signed a promissory note to borrow P6,000 from X, Y and Z, payable in 6 months’ time. B gave in pledge a P10,000 diamond ring as security for the borrowed. How much can Y collect from B?

a. P1,000

17. D obliged himself to paint the house of C or to paint the picture of C in his house (SALA) in an standing position, using 10 by 10 canvass. Later, because of financial reverses, C sold his house to X. Which of the following statements is correct.

c. D may cancel the contract and ask for damages

18. A is obliged to give B his only car on September 1, 2018. On the said date, A did not deliver. On September 2, 2018, an earthquake completely destroyed the car. Is A still liable?

a. No. Considering that no demand to deliver was made by B and the specific thing was lost, due to fortuitous event, the obligation is extinguished.

19. A owes B P100,000 due on December 12, 2017. A mortgaged his house to B as guaranty for the debt. Shortly, however, the mortgaged house was completely destroyed by typhoon “Ekang”. Thereafter, B demanded payment from A on October 28, 2017. Is B’s demand valid?

c. Yes. The debt becomes due at once because the guaranty was lost even through a fortuitous event, unless the debtor can mortgage another property that is equally satisfactory.

20. A-1 and A-2 are solidary debtors of B-1, B-2 and B-3, joint creditors in the amount of P90,000.How much can B-3 collect from A-2?

a. B-3 could collect P30,000 from A-2.

21. Obligation may be modified by:

d. All of the above

22. A, B, C and D, solidary debtors, are obliged to give E, F, G, H and I, joint creditors P50,000.00

c. E may collect from C P10,000.00

23. C obliged himself to pay B P50,000 within 1 month plus a penalty of P1,000 if he fails to pay within the due date. B can demand C to pay:

c. The principal amount of P50,000 plus P1,000

24. A, B, C and D are solidary debtors of solidary creditors E, F, G and H in the amount of P100,000.

b. G may collected P100,000

25. The following obligations are considered divisible, except:

b. Obligation to give determinate things

26. The following statements concerning payment by cession are true, except:

b. The creditor becomes the owners of the properties that were ceded to them by the debtor

27. The money or currency which the debtor may compel the creditor to accept in payment of a debt, whether public or private is known as:

b. Legal tender

28. The transmission of ownership of a thing by the debtor to the creditor as an accepted equivalent of performance is known as:

b. Dation in payment

29. B is indebted to C for P50,000 on or before December 25, 2018. G who is not a party to the contract paid C the amount of P50,000 on November 1, 2018 without the consent and against the will of B. At the time of payment, the interest rate is 10% p.a. What is the remedy of G?

c. G can ask for reimbursement from B in the amount of P50,000

30. It refers to the offer made by the debtor to pay his obligation to his creditor.

b. Tender of payment

FAR Quizzers For Post Test And Term Examination

Mark Anthony Germono · 24問 · 1年前

FAR Quizzers For Post Test And Term Examination