MT Exam Oblicon

It is the source of obligation where lawful, unilateral, voluntary acts giving rise to juridical relation to the end that no one shall be unjustly enriched at the expense of another?

• Law

• Contract

• Quasi-delict

• Quasi-contract

Statement 1: Obligation arising from contracts have the force of law between the contracting parties and should be complied with in good faith as provided by Article 1159 of the New Civil Code

Statement 2: Obligations derived from law are presumed and those expressly determined in the Civil code or special laws are demandable.

• True, True

• False, False

• True, False

• False, True

The following are elements of obligation, except

• Active Subject

• Vinculum Juris

• Passive Subject

• Presentation

Obligation may arise from any of the following except:

• Law

• Contract

• Delict

• Efficient cause

This is a voluntary management of an abandoned property or business in good faith without the authority and consent of the owner?

• Law

• vinculum juris

• Negotiorum Gestio

• Solutio Indebiti

What is the effect when the debtor voluntarily pays the creditor of his obligation after prescription?

• The payment is not valid because of prescription, hence the debtor may recover

• The payment is not valid because of prescription but the debtor may not recover

• The payment is valid even after prescription but the creditor may not retain payment

• The payment is valid even after prescription and the creditor may retain payment

Joseph and Abrahm jointly and voluntarily managed the abandoned property of George located in Sampaloc Manila without the consent of the latter. However, due to negligence of Joseph the property was destroyed. What is the nature of the obligation of Joseph and Abrahm?

• Joint but only Joseph is liable

• Solidary but only Joseph is liable

• both are liable jointly

• Both are solidarily liable

Cheeky, the payee of a check for P10,000 cashes it with VDO drawee bank. However, Junjun the bank teller mistakenly gave him P 11,000. What is the obligation of Cheeky?

• There is no obligation to return because it was given mistakenly by the bank

• There is solution indebiti, hence, there is an obligation to return half of the excess amount

• There is no obligation to return because the Cheeky will not be unjustly enriched at the expense of a bank

• There is obligation to return the full excess amount because of solution indebiti

What is the source of the obligation when a person who is constrained to pay the taxes of another is entitled to reimbursement from the latter?

• Law

• Contract

• Quasi-contract

• Quasi-delict

Statement 1: To be held liable for damages, it is necessary that such damages have been foreseen or could have reasonably been foreseen by the defendant.

Statement 2: Contract is the force of law between contracting parties, hence they can stipulate whatever they want as long as they agree to such terms.

• True, True

• True, False

• False, True

• False, False