LAW-diffiicult

I – The receipt of a later installment of a debt without reservation as to prior installments, shall give rise to a rebuttable presumption that such installments have been paid.

II – If a taxpayer pays his income tax liability for the current year, there is a presumption that tax liability for the previous year has been paid.

• True; true

• True; false

• False; true

• False; false

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

• Accion reinvindicatoria

• Accion pauliana

• Accion subrogatoria

• Accion quanti-minoris

  A pays for B’s transportation fare, without

A pays for B’s transportation fare, without B’s knowledge and later discovers that B was entitled to half-fare. Which is not correct?

• A can recover the half-fare from B.

• A can recover the half-fare from the carrier.

• A can recover the ½ from B and ½ from the carrier.

• A can recover half-fare from B only.

I - There is no delay in an obligation not to do something.

II – Solutio indebiti and negotiorum gestio are implied contracts.

• True; true

• True; false

• False; true

• False; false

Which is not considered as quasi-contract?

• Solutio indebiti

• Negotiorum gestio

• When the third person with the knowledge of the debtor, pays the debt.

• Reimbursement due the person who saved property during fire or typhoon without the knowledge of the owner.

Not a requisite of stipulation pour autrui

• The contracting parties must have clearly and deliberately conferred a favor upon third person

• The stipulation must be part of the contract

• The third person communicated his acceptance to the obligor before its revocation

• There must be an agency between either of the parties and the third person

A contract where the fulfillment is dependent upon the chance, so the values may vary because of the risk or chance.

• Commutative

• Aleatory

• Remunerative

• Gratuitous

If mistake, fraud, accident or inequitable conduct has prevented a meeting of the minds of the parties to a contract, the proper remedy is

• a. Ratify the contract

• Ask for a specific performance

• Annulment of the contract

• Reformation of the contract

A owes B P10,000 due on March 10, 2020. A owes B P8,000 due on March 11, 2020. A obliged himself to deliver to B a cow valued at P6,000 on March 12, 2020. On March 13, 2020, a paid B P10,000. If A makes an application of payment,

• The P10,000 should be applied to the first debt only

• The P10,000 should be applied to the second debt only

• The P10,000 may be applied either to the first debt or second debt

• The P10,000 may be applied to the first debt, or to the second debt or to the third debt

The following instances will render an offer ineffective before acceptance is conveyed. Which one will not? When one of the parties

• Is civilly interdicted

• Becomes insolvent

• Becomes insane

• Is placed under a hypnotic spell